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Employee Discipline: Delaware

Employee Discipline requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Lindsay O. Clizbe and Michael B. Rush, Potter Anderson & Corroon LLP


  • Delaware employers must comply with unique notification requirements before monitoring employees' telephone conversations, email and Internet usage. See Electronic Monitoring of Employees.
  • Employers in Delaware may not ask employees or job applicants to submit to a polygraph or other form of lie detector test. See Lie Detector or Polygraph Tests.
  • Delaware allows employers to condition employment or continued employment on an employee or applicant signing a noncompete agreement, so long as that agreement meets certain requirements. See Noncompete Agreements.
  • Delaware law prohibits employers from punishing employees for activity protected under certain statutes. See Discrimination; Whistleblower Protections; Protected Activities and False Claims Act.
  • Delaware has enacted a social media privacy law. See Social Media Privacy.
  • Delaware has enacted a Clean Indoor Air Act. See Clean Indoor Air Act.
  • Both recreational and medical marijuana use is legal in Delaware, but an employer remains free to discipline an employee for marijuana use, or impairment, at work. See Marijuana Use.