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A Delaware employment contract details the terms of an individual’s employment and the hiring company’s policies. The document allows the hiree to review their rights as an employee and what they should expect in the way of income, work duties, benefits, and workplace guidelines. The form also has the ability to grant the hiree partial ownership of their employer’s business, which will require a separate document containing the details thereof appended to the contract.
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)).