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Employee Communications: Delaware

Employee Communications requirements for other states

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


  • Employment in Delaware has long been at-will. See Nature of Employment.
  • Delaware law requires that employers post notices informing employees of their rights under various employment laws. See Posting Requirements.
  • In Delaware, an employer may disclose certain information about a current or former employee's job performance to a prospective employer without incurring civil liability. See Job References.
  • Employers in Delaware may not ask employees or job applicants to submit to a polygraph or other form of lie detector test. See Lie Detector or Polygraph Tests.
  • Employers who fall victim to a security breach must take certain steps if that security breach compromised the personal information of a Delaware resident. See Security Breach.
  • Because Delaware law recognizes the tort of invasion of privacy, employers must take care that their actions in conducting background checks, searches and testing do not intrude upon an employee or applicant's physical solitude. See Employees' Right to Privacy.
  • Delaware has enacted a social media privacy law. See Social Media Privacy.
  • Delaware law places certain restrictions on competition in the form of noncompete agreements and competition-related torts. See Restrictions on Competition.
  • Delaware employers must comply with unique notification requirements before monitoring employees' telephone conversations, email and Internet usage. See Electronic Monitoring of Employees.
  • Delaware law prohibits employers from punishing employees for activity protected under certain statutes. See Whistleblower Protections.
  • Because Delaware recognizes the tort of defamation, employers must take care not to defame their employees in either written or verbal communications. See Defamation.