Ask Reggi Your Question Now

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

Can I terminate employees without violating employment laws in Delaware? What are the requirements?

Requirements for Terminating Employees in Delaware

Delaware law prohibits employers from terminating employees based on their race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, or national origin [1.4]. Employers are also prohibited from retaliating against employees who oppose any practice prohibited by Delaware employment laws or who participate in an investigation, proceeding, or hearing to enforce the provisions of these laws [1.4].

To terminate an employee in Delaware, employers must ensure that they are not violating any of the above laws. Employers must also comply with any contractual obligations they have with the employee, such as providing notice of termination or paying severance [1.1].

If an employer is terminating an employee due to poor performance or misconduct, they should document the reasons for the termination and provide the employee with an opportunity to improve their performance or behavior [1.1].

Enforcement Provisions and Administrative Process

The Department of Labor is empowered to prevent any person from engaging in any unlawful employment practice as set forth in §§ 711, 711A, 719A, 723 and 724 of this title [1.3]. The Department may investigate employment practices by permitting the Department to enter any place of employment at reasonable times; inspect and copy records or documents in the possession of the employer, the employment agency or labor organization; administer oaths, certify to official acts, take and cause to be taken depositions of witnesses; issue subpoenas compelling the attendance and testimony of witnesses and the production of papers, books, accounts, payrolls, documents, and records [1.3].

Any person claiming to be aggrieved by a violation of this chapter shall first file a charge of discrimination within 300 days of the alleged unlawful employment practice or its discovery, setting forth a concise statement of facts, in writing, verified and signed by the charging party [1.3]. The Department shall serve a copy of the verified charge of discrimination upon the named respondent by certified mail. The respondent may file an answer within 20 days of its receipt, certifying that a copy of the answer was mailed to the charging party at the address provided [1.3].

After investigation, the Department shall issue a determination of either “reasonable cause” or “no reasonable cause” to believe that a violation has occurred or is occurring [1.3]. All cases resulting in a “reasonable cause” determination will require the parties to appear for compulsory conciliation. All cases resulting in a “no cause” determination will receive a corresponding Delaware Right to Sue Notice [1.3].

Conclusion

Employers in Delaware must comply with state and federal employment laws when terminating employees. They must ensure that they are not violating any anti-discrimination or anti-retaliation laws and comply with any contractual obligations they have with the employee. Employers should also document the reasons for the termination and provide the employee with an opportunity to improve their performance or behavior if applicable. The Department of Labor is empowered to prevent any person from engaging in any unlawful employment practice and has an administrative process to investigate and issue determinations on charges of discrimination.

Source(s):
Jurisdiction

Delaware