Wrongful Termination in Delaware
Delaware is generally an at-will state, but some firings are illegal. Here are the exceptions, retaliation protections and where to file.
Short answer: The Delaware Whistleblowers' Protection Act bars employers from firing, threatening or discriminating against an employee who reports (or is about to report) a reasonably believed violation to a public body or to the employer or a supervisor, takes part in an investigation or court… 19 Del. C. §§ 1703, 1704(a), 1708
| Whistleblower and retaliation protection | The Delaware Whistleblowers' Protection Act bars employers from firing, threatening or discriminating against an employee who reports (or is about to report) a reasonably believed violation to a public body or to the employer or a supervisor, takes part in an investigation or court action, or refuses to commit or assist in a violation. An employee may sue within 3 years. Re-verified and corrected 2026-10-27. |
|---|---|
| Job discrimination complaints | Delaware Department of Labor, Office of Anti-Discrimination (Division of Industrial Affairs). The state law covers employers with 4 or more employees in Delaware. A charge must be filed within 300 days of the discriminatory act or its discovery. Re-verified 2026-10-27. Source: 19 Del. C. §§ 710(7), 712(c)(1) |
Where to get help in Delaware
More Delaware employment law
- Minimum Wage in Delaware
- Final Paycheck Laws in Delaware
- Meal and Rest Break Laws in Delaware
- Non-Compete Agreements in Delaware
- All Delaware employment law rules
FAQ
Is it illegal to fire someone for reporting a violation in Delaware?
The Delaware Whistleblowers' Protection Act bars employers from firing, threatening or discriminating against an employee who reports (or is about to report) a reasonably believed violation to a public body or to the employer or a supervisor, takes part in an investigation or court action, or refuses to commit or assist in a violation. An employee may sue within 3 years.
Where do I file a job discrimination complaint in Delaware?
Delaware Department of Labor, Office of Anti-Discrimination (Division of Industrial Affairs). The state law covers employers with 4 or more employees in Delaware. A charge must be filed within 300 days of the discriminatory act or its discovery.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.