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Delaware Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Delaware on
Q: Are there requirements on meal break timing when shifts do not require a meal break?

For context, I work in Delaware and Title 19 Ch 7 Subch I Sec 707 states that a 30 minute break must be given on shifts at least 7.5 hours; however, many employers, including my own, give them on shifts shorter than that. The same section states that meal breaks must be given after the first 2... View More

Dash Radosti
Dash Radosti
answered on Oct 9, 2024

Hi,

My name is Dash. I'm a Delaware employment lawyer with the law firm Equal Justice Solutions.

The short answer is no. In fact, under Delaware law, there is no requirement to give employees a lunch break if they work less than 7.5 consecutive hours. A plain reading of the...
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1 Answer | Asked in Business Law and Employment Law for Delaware on
Q: CEO of the company where I just resigned wants to buy my shares at $132k; a stockholder wants to purchase them at $200k

The CEO of the company where I just resigned wants to buy my shares at $132k; a stockholder wants to purchase them at $200k. Am I obliged to sell it to the company, or can I sell it to the highest buyer?

T. Augustus Claus
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answered on Oct 9, 2023

In Delaware, whether you can sell your shares to the highest bidder largely depends on the company's bylaws, stockholders' agreement, or any other agreements you may have entered into when you acquired or during the tenure of holding the shares. Some companies have a "right of first... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Delaware on
Q: My case is in federal court. A wrongful termination due to disability an discrimination. Do I have to file a motion?

Or file anything. The Lawer is requesting all my medical records from Jan 16 to current along with all my drs treatment medications phone records. Isn’t this excessive?

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

It depends on how voluminous less than seven months of your medical records are. For most people, this would not be particularly voluminous and with online patient portals now the norm in healthcare records, should be relatively simple and straightforward to download and produce.

Now, if...
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1 Answer | Asked in Employment Law for Delaware on
Q: if I have a contract that says both parties must have a 60 day notice for termination, can I be terminated with only 2

I have been furloughed for COVID, now my boss is telling me she cant afford to bring me back and can only pay me for 2 more weeks or I will have to renegotiate my contract. I am getting ready to sign a mortgage so this ie really putting me in a bind.

Kyle Anderson
Kyle Anderson
answered on Jun 3, 2020

I would recommend reaching out to an employment law attorney in your state. It sounds like your employment is governed by a contract, so if your employer is not meeting their obligation within that contract, they may be in breach. There are different strategies that can be taken depending on your... View More

1 Answer | Asked in Employment Law for Delaware on
Q: My salary was cut today due to cost saving measures by the company. I signed a contract when I was hired. Is this legal?

Salary was substantially reduced and I was notified via phone call and email. I signed an initial contract stating what my compensation would be and now it is greatly reduced.

Kyle Anderson
Kyle Anderson
answered on May 28, 2020

It depends. If you have an employment contract signed by you and the employer stating that you will receive a specified salary and the employer is no longer paying you that salary, the employer may be in breach of the contract. However, employers routinely send offer letters to prospective... View More

1 Answer | Asked in Criminal Law and Employment Law for Delaware on
Q: Should I surrender myself before getting fingerprinted for my new job?

I got into a altercation with someone and picked up a misdemeanor assault charge and have to turn myself in. I have to get fingerprinting done for my new job (child care facility) and really can't figure out which step to take first. What will happen if I go to my fingerprinting first? And if... View More

Paul Stanko
Paul Stanko
answered on Sep 18, 2016

If you have to turn yourself in, that tells me you have an outstanding warrant. Better to turn yourself in with money in your pocket to post bond than wait to be picked up at an inconvenient time. Your work will find out no matter what.

1 Answer | Asked in Employment Law for Delaware on
Q: re: Wrongful discharge from medical services of physicians network by president of the network,

Wrongful discharge from medical services of physicians network by president of the network, excluding my disabled 75 year old stepdad and I from getting medical services from physician's in that network; this after we raised issues over the conduct of one of the physicians on that network, one... View More

Charles Snyderman
Charles Snyderman
answered on Aug 2, 2014

Although you asked you question under employment law, this is not an employment issue. Instead, it's a healthcare issue. The fact is that a doctor can refuse to accept a person as a patient. Your best bet is to attempt to repair the relationship with whoever has a problem with you.

1 Answer | Asked in Employment Law for Delaware on
Q: Fired for theft I didn't commit, what's my next step? Can I sue?

I was recently fired for money missing. The first time it happened I caught 40.00 missing from the register before doing the deposit, the problem with this is that every employee on the clock can get into the drawr. The second time I counted a deposit and gave it to another manager to check. This... View More

Charles Snyderman
Charles Snyderman
answered on Jul 25, 2014

Please let us know whether the police were involved.

1 Answer | Asked in Employment Law for Delaware on
Q: Hi, I have a question about an employment termination.

My question is this: Is it legal for an employer to terminate employment based on a medical issue?

Charles Snyderman
Charles Snyderman
answered on Jul 4, 2014

We need to know more facts. Was there an employment contract? What reason was given by the employer for termination? Was it put in writing?

1 Answer | Asked in Employment Law for Delaware on
Q: Is it legal to not allow someone to work overtime cause of there situation .

Meaning the whole plant of employees are allowed and since Im in a situation with a supervisor I have been denied any. Last year I had allowed ..had over 700. But know I cant cause situation

Charles Snyderman
Charles Snyderman
answered on May 11, 2014

Federal law prohibits discrimination where workers are treated differently on opportunity to earn overtime pay. You do not explain the situation with your employer. I suggest you consult with an employment law attorney.

1 Answer | Asked in Employment Law for Delaware on
Q: Can your company charge you vacation in your work week schedule

Work week is sunday to saturday. My schedule is mon thru fri. I took off a monday but I worked 48 tues thru thurs. Plus 8 more hrs on sat. So a total of 56hrs. 40 str. time plus 16 overtime. But was charged 8 hrs vacation for that monday. Is that legal to take your vacation time. Regardless if... View More

Charles Snyderman
Charles Snyderman
answered on Apr 29, 2014

Did you ask in advance for permission not to work on Monday?

1 Answer | Asked in Employment Law for Delaware on
Q: Can a employer put you in position if you were only inquiring about it

Their response from them was take it or leave it. Plus since Ive been on this shift Ive not been compensated for second differentia or retroed for the timel. Its been 3 months. An we just received our raises and

it was stil not there.

Charles Snyderman
Charles Snyderman
answered on Apr 25, 2014

I'm sorry to say that you have not provided enough information. If possible, please try again.

1 Answer | Asked in Employment Law for Delaware on
Q: Is there a legal way to find out where someone's place of employment is?
Charles Snyderman
Charles Snyderman
answered on Jan 16, 2013

If you know where the person lives, you could try following them to work, Or, you could hire a private investigator to do this for you. There are also websites you can find online that claim to be able to help.

1 Answer | Asked in Employment Law for Delaware on
Q: What are the statutes of limitation for wrongful termination and discrimination lawsuits in Delaware?
Charles Snyderman
Charles Snyderman
answered on Jan 11, 2013

The statute of limitations for wrongful termination of employment is 2 years. What is the nature of the discrimination claim?

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