Employment Offer: Delaware

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Lindsay O. Clizbe and Michael B. Rush, Potter Anderson & Corroon LLP

Summary

• While employment in Delaware is presumed to be at-will unless otherwise expressly stated, employers nonetheless have a duty of good faith and fair dealing, and must be aware of the limitations that duty places on their conduct. See Nature of Employment.
• Delaware employers must make certain notifications, in writing, to employees at the time of hiring. See Notifications When Making an Employment Offer.
• Delaware law imposes special applicant screening requirements on employers operating health care and/or childcare facilities. See Health Care and Child Care Facilities.
• Delaware restricts employers' access to certain criminal and motor vehicle records in connection with background checks. See Conditional Employment Offers > Criminal Records; Motor Vehicle Records.
• Delaware law requires that employers in specific industries conduct drug testing of their applicants for employment. See Conditional Employment Offers > Drug Testing.
• Delaware allows employers to condition employment on an applicant signing a noncompete agreement, so long as that agreement meets certain requirements. See Conditional Employment Offers > Noncompete Agreements.