Employment Agreement for Delaware

Delaware legal context

Delaware is an at-will employment state. Delaware is not a right-to-work state. The Delaware Discrimination in Employment Act (19 Del. C. § 711) prohibits employment discrimination. Delaware Chancery Court is widely regarded as receptive to enforcing reasonable restrictive covenants and may blue-pencil overbroad provisions.

What's prohibited

• Forfeiture of earned wages upon termination or as a disciplinary penalty

  The Delaware Wage Payment and Collection Act prohibits withholding or forfeiting earned wages. All earned compensation must be paid according to statutory timelines.

• Waiver of rights under the Delaware Discrimination in Employment Act

  Prospective waivers of anti-discrimination protections are unenforceable under Delaware and federal law. Employees cannot be required to waive discrimination protections as a condition of employment.

Delaware-specific considerations

• At-Will Default

  Termination at any time for any lawful reason.

• Not a Right-to-Work State

  Union security agreements remain enforceable.

• Pro-Enforcement of Covenants

  Delaware Chancery Court routinely enforces reasonable non-competes; blue-pencil modification permitted.

• Wage Payment Protection

  Delaware Wage Payment and Collection Act provides remedies for unpaid wages.

Frequently asked questions

Other contracts for Delaware