Delaware · Employment & Team

Delaware Separation and Release Agreement

In Delaware the wage statute does the most to shape a separation agreement. Earned wages are due on a fixed deadline, the wage law cannot be set aside by private agreement, and larger layoffs trigger a state WARN Act with its own notice contents. The timing rules for releasing age claims come from federal law.

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What Delaware law does to this document

The rules that change how a Separation and Release Agreement should be written and signed in Delaware, with the source for each.

Final wages have a deadline

When an employee quits, is discharged or is laid off, earned wages are due on the later of two dates: the next regular payday for the period through the last day worked, or three business days after the last day worked. An employer that misses the date without reasonable grounds for dispute owes liquidated damages of 10 percent of the unpaid wages per day, up to an amount equal to the unpaid wages.

19 Del. C. § 1103

Earned wages cannot be traded for the release

Except as the chapter itself allows, no provision of the Wage Payment and Collection Act may be contravened or set aside by private agreement. Severance must therefore be something beyond wages already owed. Vacation and separation pay that the employer has agreed to provide are benefits or wage supplements, payable within 30 days after they are due.

19 Del. C. §§ 1109, 1110

The state discrimination claims being released

The Delaware Discrimination in Employment Act covers employers with 4 or more employees in the state. Its protected characteristics include race, sex and age of 40 or more, along with others such as sexual orientation and gender identity. A charge must be filed within 300 days of the alleged practice or its discovery. A general release is normally drafted to name state fair-employment laws so that it covers these claims.

19 Del. C. §§ 710, 711, 712

Delaware WARN Act for group layoffs

An employer with 100 or more employees, not counting part-time employees, must give at least 60 days' written notice before a mass layoff, plant closing or relocation. A mass layoff means an employment loss at a single site within 30 days for 500 or more employees, or for 50 or more who make up at least 33 percent of the workforce there. The notice goes to affected employees, the Department of Labor and the workforce development board, and it must include general information on severance packages. An employer that fails to give notice owes back pay and benefits for the period of the violation, up to 60 days or half the days the employee worked for the employer if that is fewer.

19 Del. C. §§ 1903, 1904, 1909

Health coverage at small employers

Delaware has its own continuation rule for people who are not covered by federal COBRA. Insured group health policies of employers with 1 to 19 employees must offer continuation for up to 9 months after a qualifying event. The employer must notify the employee of these rights within 30 days of the qualifying event, and the premium may not exceed 102 percent of the group rate.

18 Del. C. § 3571F

Federal: releasing age claims

This is federal law. A waiver of Age Discrimination in Employment Act claims by an employee aged 40 or older is valid only if it meets the Older Workers Benefit Protection Act. The employee must be advised in writing to consult an attorney, must have at least 21 days to consider the agreement, or 45 days in a group termination program, and must have 7 days after signing to revoke. Group programs also require written disclosure of the job titles and ages of those selected and not selected.

29 U.S.C. § 626(f)(1)

Where people go wrong in Delaware

  • Labeling final wages or agreed vacation pay as severance and holding them until the release is signed, when Delaware requires those amounts to be paid on their own deadlines.
  • Giving 21 days to consider the agreement in a group layoff that includes employees aged 40 or older, where federal law requires 45 days and written group disclosures.
  • Treating the generator's draft as the whole layoff file: it is a release only, and it contains neither the 60-day Delaware WARN Act notice that a layoff of 50 or more employees at one site can require nor the notice of state health continuation rights a small employer owes within 30 days.

How the generator works

A severance-for-release agreement that trades a defined severance payment for a general release of claims, with the ADEA/OWBPA machinery for employees 40+ and 2026-current disclosure and carve-out language. 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.

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Frequently asked

About the Separation and Release Agreement under Delaware law.
When is a final paycheck due in Delaware? +
On the later of the next regular payday for the period through the last day worked or three business days after the last day worked, under 19 Del. C. § 1103. Late payment without reasonable grounds for dispute adds liquidated damages of 10 percent of the unpaid wages per day, capped at the amount of the unpaid wages.
Can an employee waive unpaid wages in a Delaware severance agreement? +
No. The Delaware Wage Payment and Collection Act provides that its provisions may not be contravened or set aside by private agreement, except as the Act itself allows. Severance offered in exchange for a release has to be in addition to the wages the employee has already earned.
How long does an employee have to file a discrimination charge in Delaware? +
A charge under the Delaware Discrimination in Employment Act must be filed within 300 days of the alleged unlawful employment practice or its discovery. The Act applies to employers with 4 or more employees in Delaware.
Can an attorney finish my Delaware Separation and Release Agreement? +
Book a planning call. Hart David Carson LLP is an Illinois firm. For a document governed by Delaware law, the firm coordinates review with counsel admitted in Delaware. Any fee and scope are confirmed after a conflicts check, before work begins.

Sources checked November 2026 · General information about Delaware law, not legal advice · Laws change and city or county rules can differ · Every generated draft is a draft · Attorney advertising

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