Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I fire employees for reasons other than poor performance in Delaware? What are the requirements?

Can I fire employees for reasons other than poor performance in Delaware? What are the requirements?

Yes, employers in Delaware can terminate employees for any reason, as long as it is not discriminatory or retaliatory [2.4]. However, there are certain requirements that employers must follow when terminating employees.

Requirements for Termination

Employers in Delaware must follow the following requirements when terminating employees:

  1. Employers cannot terminate employees for discriminatory reasons. Discrimination is prohibited based on race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, or national origin [2.4].
  2. Employers cannot terminate employees for engaging in protected activities, such as filing a complaint or participating in an investigation related to discrimination or harassment [2.2].
  3. Employers must provide employees with any earned but unused vacation time or paid time off (PTO) upon termination [1.1].
  4. Employers must comply with any applicable notice requirements under the Worker Adjustment and Retraining Notification (WARN) Act if they are laying off a certain number of employees [1.2].

Additional Information

Employers in Delaware are also required to comply with the state’s sexual harassment laws [2.1]. Sexual harassment of an employee is an unlawful employment practice when the employee is subjected to conduct that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature [2.1]. Employers are responsible for sexual harassment of an employee when a supervisor’s sexual harassment results in a negative employment action of an employee, the employer knew or should have known of the non-supervisory employee’s sexual harassment of an employee and failed to take appropriate corrective measures, or a negative employment action is taken against an employee in retaliation for the employee filing a discrimination charge, participating in an investigation of sexual harassment, or testifying in any proceeding or lawsuit about the sexual harassment of an employee [2.1].

Employers in Delaware are also prohibited from recruiting or offering employment to strikebreakers during a labor strike or lockout involving a recognized labor organization [2.3].

Conclusion

In summary, employers in Delaware can terminate employees for any reason, as long as it is not discriminatory or retaliatory. Employers must also comply with certain requirements, such as not terminating employees for discriminatory reasons or engaging in protected activities, providing earned but unused vacation time or PTO upon termination, complying with any applicable notice requirements under the WARN Act, and complying with the state’s sexual harassment laws. Employers are also prohibited from recruiting or offering employment to strikebreakers during a labor strike or lockout involving a recognized labor organization.

Source(s):
Jurisdiction

Delaware