Delaware Whistleblower Protection Cases

Delaware Whistleblower Protection Cases

Whistleblower protection was recognized as a breach of contract/covenant of good faith and fair dealing. However, the state legislature called into question this precedent when it amended the Delaware Discrimination Employment Statute, making that law the sole remedy for violations of the act. Prior to filing a common law claim for wrongful discharge in Delaware, it is important to review the scope of the exemption set forth in 19 Del. C. § 712.  See the entire Delaware Whistleblowers' Protection Act for more information (19 Del. C. § 1701).

Merrill v. Crothall-American, Inc., 606 A.2d 96 (Del. 1992).

Rizzitiello v. Mcdonald’s Corp., 868 A.2d 825 (Del. 2005).

Kelsall v. Bayhealth, Inc., C.A. No. K15C-10-023 RBY, 2015 LEXIS 1045 (Del. Dec. 18, 2015).

Markow v. Synageva Biopharma Corp., C.A. No. N15C-06-152 WCC CCLD, 2016 LEXIS 167 (Del. March 3, 2016).

Delaware has a False Claims Act concerning fraud in government procurement and contracting.  False Claims Act claims are generally considered among the best whistleblower claims available.  We recommend determining if your case falls within this False Claims Act. 

Delaware False Claims and Reporting Act.

The OIG of Health and Human Services review of the law* (April 3, 2013).
*Specific to Medicaid Fraud.


CAUTION:  Many States have enacted laws governing whistleblowing which, in some cases, abrogate an employee’s right to pursue common law remedies.  Before filing a state whistleblower lawsuit, it is imperative to determine whether you are covered under a state law and how that law may interact with the common law “public policy” exception.  Additionally, relevant state case law governing whistleblower protection is often subject to change.  We strongly recommend a careful review of current state case law prior to filing a state whistleblower lawsuit.  Please read our disclaimer.  If you are pursuing a case under state law, we urge you to consult with an attorney familiar with those laws.  If you are pursuing a claim under a state False Claims Act, and would like a consultation with the partners at Kohn, Kohn and Colapinto, please fill out our consultation form here.

Return to Resources

Return to Blog

Updated as of July 2016.