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Employment contracts typically remain in effect until either party terminates the agreement, though the contract may specify a termination date for the working relationship. After such a point, neither party will have any obligations to the other beyond the non-disclosure of sensitive company information.
Contents |
Types (2)
Independent Contractor Agreement – Used by a client to assign a work project to an independent contractor and define their professional relationship.
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Subcontractor Agreement – Used by an independent contractor to transfer a portion of their duties to a subcontractor.
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Laws
- Labor Statutes: Title 19
- Definition of Employee: § 1101(3)
- Minimum Wage: $10.50/hr (§ 902(a))
- Overtime: Federal min. – one and a half (1.5) times the employee’s standard wage (29 C.F.R § 778.107).
- Record Keeping: Employers must maintain records for at least three (3) years (§ 907).
At-Will Employment
Permitted? Yes, Delaware employees and employers may end their business relationship for nearly any reason. However, an at-will employment cannot be terminated for the following causes:
- Discrimination against gender, race, religion, etc. (§ 711(a)(1));
- If an individual has been the victim of violence, a sexual offense, or stalking (§ 711(h)(1));
- Discussing wages (§ 711(i)(3));
- Personal reproductive health decisions (§ 711(j));
- Retaliation (§ 726) (§ 1307(a)(4)) (§ 3509(a));
- Family responsibilities that are protected by state law and do not interfere with workplace standards (§ 711(k)(1)(a.));
- Whistleblowing (§ 1703(1)-(5)); and
- Acting as a volunteer emergency responder (§ 1803(a)).