Delaware Offer Letter
Delaware presumes that employment is at will, and its Supreme Court has kept the exceptions narrow. The statutory requirements sit in the pay terms: written notice of the pay rate and payday at hiring, a ban on asking for pay history, and a pay-range disclosure law that takes effect on September 26, 2027.
What Delaware law does to this document
At-will is a heavy presumption with narrow limits
The Delaware Supreme Court describes at-will employment as a heavy presumption that applies unless the contract expressly states otherwise. The implied covenant of good faith and fair dealing limits it only in very narrowly defined categories, such as an employer falsifying or manipulating a record to create fictitious grounds for termination. An offer letter should state the at-will term plainly and avoid language that reads as a promise of continued employment.
E.I. DuPont de Nemours & Co. v. Pressman, 679 A.2d 436 (Del. 1996)Written notice of pay at hiring
Every employer of more than 3 employees must notify each employee in writing, at the time of hiring, of the rate of pay and of the day, hour and place of payment. An offer letter that states the rate and how often pay is issued covers part of this. The day, hour and place of payment need their own line or a separate written payroll notice.
19 Del. C. § 1108(1)Paydays
Wages must be paid on regular paydays designated in advance, at least once in each calendar month. Payment is due within 7 days after the close of the pay period. Weekly, biweekly and semi-monthly schedules all fit the statute, and so does monthly pay.
19 Del. C. § 1102No questions about pay history
An employer may not screen applicants by their compensation history or seek that history from the applicant or a prior employer. The parties may discuss the applicant's pay expectations. The employer may confirm compensation history only after an offer with compensation terms has been extended and accepted. Civil penalties run from $1,000 to $5,000 for a first offense and $5,000 to $10,000 for later ones.
19 Del. C. § 709BPay-range disclosure starts September 26, 2027
Beginning September 26, 2027, an employer with 26 or more employees must include the hourly or salary range and a general description of benefits in each job posting. If the applicant never saw a posting, the employer must give the range before any offer or discussion of compensation. The law reaches jobs located in Delaware and remote positions offered by a Delaware-based employer. Until that date Delaware does not require a range in the offer letter.
19 Del. C. § 709C (effective September 26, 2027)Delaware Paid Leave belongs in the benefits summary
Contributions to the state paid family and medical leave program began on January 1, 2025, and benefits became payable on January 1, 2026. Employers with 10 to 24 employees are covered for parental leave only, and employers with 25 or more are fully covered. The statute sets the weekly benefit at 80 percent of average weekly wages, and the Department of Labor states a maximum of $900 per week. Parental leave runs up to 12 weeks in a year. Medical and family caregiving leave run up to 6 weeks in any 24-month period.
19 Del. C. §§ 3701, 3703, 3704, 3705Where people go wrong in Delaware
- Asking a candidate for current or past salary before the offer is accepted, which the compensation history statute prohibits.
- Treating the generator's draft as the full hiring notice: it states the rate of pay and the pay frequency but not the day, hour and place of payment, which an employer of more than 3 employees must give in writing at hiring and has to add.
- Offering an hourly rate below the Delaware minimum wage, which has been $15.00 per hour since January 1, 2025 under 19 Del. C. § 902.
How the generator works
A clean, at-will employment offer letter that sets pay, role, start date, exempt/non-exempt status, equity, and contingencies without over-promising. Answer a short interview and the draft assembles as you go, with Delaware already set as the governing state. Download it as PDF or Word. No fee. No account.