After a wrongful termination in Delaware, call an employment lawyer who represents employees, such as Ciconte Wasserman in Wilmington. Its attorneys handle employment law cases in Delaware and Pennsylvania, starting with a free consultation that separates an unfair firing from an illegal one. There is no fee unless the firm wins the case.
Key points
- Delaware is an at-will state, but employers cannot fire employees for illegal reasons.
- Wrongful termination means a firing for an illegal reason, such as discrimination or retaliation, not merely an unfair one.
- Proof is usually circumstantial: patterns, timing and unequal treatment.
- Employment claims carry strict deadlines.
- Many employment cases need no retainer.
Unfair versus illegal
Adam F. Wasserman, the firm's managing partner, draws the line bluntly: "If I don’t like the color of your tie, I can fire you." That firing is unfair, but it is legal, because "The law doesn’t protect you from unfairness. It protects you from illegal reasons for firing."
| Unfair firing (legal) | Illegal firing (wrongful termination) |
| The boss doesn't like the employee | Fired for being pregnant |
| The boss thinks the employee is too slow | Fired for being over 40 |
| The boss wants to hire his nephew | Fired for reporting harassment |
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 status as a victim of domestic violence, sexual assault or stalking. A firing for one of these reasons is illegal, and it is the basis of the firm's workplace discrimination and retaliation cases.
Common wrongful termination situations
Situations that can point to wrongful termination:
- Being let go after reporting misconduct, discrimination or safety violations
- A termination during or after FMLA or medical leave
- A firing for refusing to do something unethical
- Bias based on race, gender, age, disability or religion
- A firing that skips the employer's own stated policies
Employees let go for reporting harassment or discrimination are covered by federal retaliation protections, which Delaware expands. Workers fired after taking medical leave may be protected by the FMLA, the ADA or both.
An employer doesn't always have to give a reason. When a firing follows a protected action, such as filing a complaint or requesting leave, the timing alone can raise legal concerns.
Evidence and timing
Direct proof, such as a memo naming a protected reason for the firing, almost never exists. The case is built from the record:
- A text or email to yourself after each incident, which carries a date and time stamp
- Copies of write-ups and performance reviews that seem unfair compared with coworkers'
- A running timeline of dates and conversations
Wasserman advises starting that record while things are happening, because judges and juries take notes written at the time much more seriously than memories written down months later. A firing from months ago may still be actionable, but employment claims carry strict deadlines, so the sooner the record is reviewed, the more options stay open.
How Ciconte Wasserman handles wrongful termination cases
The first conversation is a free, confidential case review with an attorney, in plain language. The attorney looks at what happened, the timing and the documents, including any severance agreement: some waive the right to sue and others don't.
If the case moves forward, the firm investigates the facts and handles everything from filing claims to negotiation or litigation. Most wrongful termination cases are resolved privately through negotiation or settlement. The firm explains every step of how it handles a case, so clients know what to expect. Its employment law practice also covers discrimination, harassment and retaliation.
Who this help is built for
This help is built for Delaware and Pennsylvania employees who suspect they were fired for an illegal reason. The firm has helped HR professionals, warehouse workers and international tech employees.
Talk to an employment lawyer
Call 302-658-7101 or arrange a free case review with the firm's office at 1300 N King St, Wilmington, DE 19801. Employment cases are handled on a contingency fee, with no fee unless the firm wins the case.
