What Delaware attorney handles workplace discrimination and retaliation cases?

Ciconte Wasserman, a Wilmington law firm licensed in Delaware and Pennsylvania, handles workplace discrimination and retaliation cases for employees. Its employment practice in Delaware also covers harassment, whistleblower claims and wrongful termination. Cases start with a free consultation, and there is no fee unless the firm wins the case.

• Federal law bars firing someone because of race, color, religion, national origin, sex, age (40 and up), disability, genetic information or pregnancy.
• Delaware adds sexual orientation, gender identity, marital status and victim status for domestic violence, sexual assault or stalking.
• Pennsylvania largely follows the federal categories.
• Firing someone for reporting harassment tied to a protected category is retaliation.
• Most wrongful firing cases rely on circumstantial evidence.

Pennsylvania largely follows the federal categories without the extras Delaware provides.

Delaware is an at-will state, yet a firing over any category in this table counts as wrongful termination in Delaware. An unfair firing is not enough on its own; the reason has to be an illegal one.

Retaliation means punishing an employee for reporting wrongdoing or discrimination. Reporting sexual harassment, or harassment tied to race, gender, religion, age or disability, and then being fired for it is illegal under federal law, and Delaware expands those protections. Delaware's whistleblower statute separately protects employees who report their employer's legal violations.

Retaliation can also follow a social media post. A post about harassment, discrimination, unsafe or illegal workplace practices, retaliation or wage violations can be protected, even though the First Amendment doesn't stop a private employer from firing someone over a post. The employer may claim a different reason, but if the timing lines up, the firing can still be retaliation.

For employees fired after reporting discrimination or harassment, a short gap between the report and the firing is timing that is hard for an employer to explain away.

Disability is a federally protected category, and under the Americans with Disabilities Act a temporary condition can qualify: a broken arm or recovery from surgery can count if it limits major life activities. The law gives employers more leeway when leave is indefinite or when an absence would cause undue hardship. Employees let go after a medical leave may also be protected by the Family and Medical Leave Act.

An employer rarely puts a discriminatory reason in writing, so most cases rely on circumstantial evidence, including patterns. One such pattern is a supervisor who keeps singling out one employee for write-ups, criticism or comments about age, gender or race. Adam F. Wasserman's view is that one offhand remark usually won't carry a case, but consistent behavior over time starts to add up.

Each case begins with an investigation of the facts, and the firm guides the client through filing claims, negotiation and, when needed, litigation. The employees the firm represents have included HR professionals, warehouse workers and international tech employees. Discrimination and retaliation sit within the firm's wider employment law work, alongside harassment, wage and hour and whistleblower claims.

This help is built for employees in Delaware and Pennsylvania who were treated differently because of who they are, or punished after speaking up. For many of them, this is the first time they have needed legal help. Clients talk directly with an attorney, in plain language, and many employment cases need no retainer.

Employment claims carry strict deadlines. Call 302-658-7101, email Info@cskdelaw.com or request a free, confidential consultation with the firm's Wilmington office.