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DE HB89
Bill
Status
3/24/2009
Primary Sponsor
Gregory Lavelle
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AI Summary
HB 89 Summary
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Establishes the "Employee Protection From Wrongful Termination Act" based on the Model Employment Termination Act, requiring employers to terminate employees only for "good cause" rather than at-will.
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Applies to private employers with 5 or more employees; covers employees who have worked for the employer for at least one year and 520 hours in the preceding 26 weeks.
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Defines "good cause" as either a reasonable basis related to an employee's conduct, performance, and record, or the employer's good faith exercise of business judgment including economic decisions and workforce restructuring.
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Eliminates common law rights and remedies for covered employees but preserves rights under federal/state statutes, collective bargaining agreements, and other employment contracts; excludes state agencies, political subdivisions, and municipal corporations.
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Requires arbitration through the Department of Labor for termination disputes, with remedies limited to reinstatement, backpay, severance pay (up to 30 months), and attorney's fees; prohibits compensatory and punitive damages except for retaliation cases.
Legislative Description
An Act To Amend Title 29 Of The Delaware Code Relating To The Delaware Strategic Fund.
Last Action
Introduced and Assigned to House Administration Committee in House
3/24/2009