Delaware Mini-COBRA Law Grows

Editor’s Note:  This post was written by Timothy J. Snyder, Esq.  Tim is the Chair of Young Conaway’s Tax, Trusts and Estates, and Employee Benefits Sections.

Delaware’s Mini-COBRA law, enacted in May 2012, allows qualified individuals who work for employers with fewer than 20 employees to continue their coverage at their own cost, for up to 9 months after termination of coverage.  Continue reading

SCOTUS Ruling on Forum-Selection Clauses Good News for Employers

Many employment agreements contain forum-selection clauses naming the state or the court in which any disputes must be litigated, and what state’s law will govern. Employers often name Delaware state courts as the exclusive forum, due to the high quality of Delaware courts and large number of corporations and other entities created in Delaware, and name Delaware law as the governing law. Continue reading

ABA Journal Top 100 Legal Blogs: An Embarrassment of Riches

Well, it’s happened again.  The Delaware Employment Law Blog was selected as one of the Top 100 Legal Blogs in the country for the fifth consecutive year.  In my world, this is the most prestigious award a legal blogger can receive and it is such an honor to have been selected again.  It is, as the saying goes, truly an embarrassment of riches. Continue reading

Delaware Commission on Law and Technology

Technology effects every workplace.  Readers of this blog know this well enough, as many of my posts address the wide variety of problems faced by employers that arise from employee use of technology, particularly social media.  Lawyers, too, face these problems.  The legal profession is, by no means, immune from the woes of social-media or the difficulties of trying to keep up with changing technology.  Technology’s impact on the legal profession is a topic near and dear to my heart. Continue reading

Delaware Chancery Ct. Finds No Privilege for Email Sent from Work Account

Does an employee who communicates with his lawyer from a company email account waive the attorney-client privilege with respect to those communications?  The answer is not terribly well settled-not in Delaware and not in most jurisdictions.  But a recent decision by the Delaware Court of Chancery gives Delaware employers and litigants a pretty good idea of the analysis to be applied. Continue reading

UD Employees Confidential Info Hacked

The University of Delaware announced that confidential employee data was compromised, reports the News Journal. And the breach is a sizeable one-the University estimates that the names, addresses, and social security numbers for more than 72,000 current and former employees may have been stolen. As reported by the News Journal, the university “is working to notify everyone who had their information compromised” and the school will pay for credit-monitoring services. Continue reading

Delaware Passes Gender-Identity Anti-Discrimination Law

Delaware’s employment-law landscape has been in flux in recent months. In addition to the Supreme Court’s recent decisions affecting employment law, Delaware also passed a law prohibiting employment and other types of discrimination on the basis of an individual’s gender identity. Here is what Delaware employers need to know about the new statute. Continue reading

Promissory Estoppel Is Alive and Well In Delaware Employment Law

In a reminder to Delaware employers that what you say can come back to bite you, the Delaware Supreme Court reinstated a Superior Court jury verdict in favor of a plaintiff, after the trial court had determined that his claim failed as a matter of law. The plaintiff, Donald Harmon, had been the Presiding Judge of the Delaware Harness Racing Commission, and was fired as a result of an allegation that he had changed a judging sheet for a race, as a favor to the horse’s owner. Harmon was charged with crimes and was suspended without pay pending the outcome of the criminal case. Continue reading

Lessons from a Shooting Close to Home

Delaware experienced a tragedy yesterday at the New Castle County courthouse. As reported by ABCNews.com, a man embroiled in a custody dispute entered the courthouse lobby this morning shortly after 8 a.m. and opened fire, fatally wounding two women and injuring two Capital Police officers. The shooter exchanged gunfire with the officers and died at the scene. Continue reading