Delaware Labor and Employment Attorneys
Employment Law Is an Expanding Area Protecting Employees
Employment and labor law is an increasingly complex area of practice where both state and federal laws may apply. Workplace issues can arise quickly and often leave employees unsure about their rights, their job security, and what steps to take next.
Common employment issues include wrongful termination, retaliation, unpaid wages, discrimination based on national origin or sexual orientation, hostile work environments, violations of minimum wage laws, unemployment benefits, disability concerns, occupational safety, workers’ compensation, breach of contract, and more.
The employment and labor law attorneys at Schmittinger & Rodriguez have decades of extensive experience representing employees in Delaware in both state and federal courts. We focus on providing clear, practical guidance so you can understand your situation and make informed decisions.
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What Does an Employment Attorney Help With?
Employment law covers a full range of workplace disputes involving both employees and employers. Many situations are not immediately obvious as legal claims, which is why early evaluation matters.
Our Delaware employment lawyers regularly assist with:
Employment discrimination claims
Wrongful termination
Workplace harassment and hostile work environments
Sexual harassment
Wage and hour disputes
Occupational safety concerns
Disability and accommodation issues
Unemployment compensation disputes
Employment contracts and severance agreements
Family and medical leave (FMLA) issues
Some claims are governed by Delaware law, others by federal law, and many involve both. Understanding how your situation fits within those laws is often the first step toward resolving it.
How Do I Know If I Need an Employment Law Attorney?
In Delaware, employees are protected by a combination of state and federal laws, but those protections are not always straightforward in real-world situations.
You may want to speak with a labor and employment law attorney if:
You were terminated and believe the reason may be unlawful
You are experiencing discrimination, harassment, or retaliation
Your employer is not paying wages or overtime properly
You were disciplined after reporting workplace concerns
You are unsure whether your rights have been violated
Delaware is generally an “at-will” employment state, meaning employers can terminate employees for almost any reason, but not for illegal reasons such as discrimination or retaliation. Understanding that distinction is critical when evaluating a potential employment case.
Because employment law is highly fact-specific, speaking with an experienced attorney early can help you avoid missteps.
What Our Clients Say
Most Common Questions
Is My Case State or Federal?
Employment and labor law claims in Delaware may proceed in state courts, federal courts, or both, depending on the legal issues involved.
General guidelines include:
Claims involving federal laws (such as Title VII, ADA, or ADEA) are often handled in federal court
Claims involving Delaware statutes may proceed in state courts
Some cases qualify for federal jurisdiction based on diversity of citizenship and the amount in dispute
Claims filed with the EEOC may ultimately proceed in federal court
Determining the proper venue is an important part of building an effective case strategy.
What Can an Employment Lawyer Do for You?
A labor and employment attorney can help you:
Evaluate whether you have a valid claim
Understand your rights under Delaware and federal law
Navigate agency complaints and filing deadlines
Negotiate a resolution or pursue civil litigation when appropriate
Protect your interests during an ongoing workplace issue
Attorneys also assist with reviewing contracts, severance agreements, and workplace policies to reduce future risk.
Most Common Employment Claims
Employment Discrimination
Employment discrimination occurs when an employer treats an employee or job applicant unfairly based on a protected characteristic.
Protected characteristics include:
Race
Color
Religion
Sex (including pregnancy)
National origin
Age (40 or older)
Disability
Genetic information
Discrimination may involve unequal pay, denial of opportunities, termination, harassment, or retaliation.
It is prohibited under federal laws such as Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), as well as the Delaware Discrimination in Employment Act.
Employees who believe they have experienced discrimination may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Delaware Department of Labor. These claims are time-sensitive, so acting promptly is important.
Workplace Harassment
Workplace harassment is a form of discrimination that involves unwelcome conduct based on a protected characteristic.
Examples may include:
Offensive jokes, slurs, or repeated comments
Unwanted physical contact
Intimidating or degrading behavior
Display of offensive or sexually suggestive materials
To rise to a legal claim, the conduct generally must be severe or pervasive enough to create a hostile or abusive work environment or affect employment decisions.
Employers are expected to take reasonable steps to prevent and address harassment. When they do not, legal action may be appropriate.
Wrongful Termination
Termination alone is not automatically unlawful in Delaware. Because employment is typically at-will, employers can end employment for many reasons.
However, termination may be illegal if it involves:
Discrimination based on a protected characteristic
Retaliation for reporting workplace violations
Violation of an employment contract
Certain public policy violations
Wrongful termination claims often depend on the specific facts, timing, and documentation surrounding the decision.
Frequently Asked Questions
Employees have rights to a safe workplace, protection from discrimination, proper wage payment, and access to benefits such as workers’ compensation and family and medical leave where applicable.
Generally yes. Delaware follows at-will employment, but termination cannot be based on illegal reasons such as discrimination or retaliation.
You may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Delaware Department of Labor. Internal reporting may also be part of the process.
Speak With a Delaware Employment Lawyer
At Schmittinger & Rodriguez, we understand how stressful workplace issues can become, especially when your income, benefits, or professional reputation are affected.
We have been advising clients since 1961, providing personalized attention and practical legal counsel grounded in local experience.
If you believe your workplace rights may have been violated, request a consultation online or call (302) 674-0140 to speak with an attorney.