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Employment At-Will: Delaware

Employment At-Will requirements for other states

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

Author: Jessica Sussman


  • Delaware employment relationships are presumed to be at-will. See The At-Will Relationship.
  • Delaware recognizes limited exceptions to the at-will presumption, including written contracts and public policy exceptions. See Employment At-Will Exceptions.
  • Delaware courts generally hold that tort claims are inconsistent with the employment at-will doctrine, though they do allow promissory estoppel claims. See Tort Considerations.