Delaware Employment Agreement / Offer Letter (2026)

A job offer letter or full employment agreement with pay, benefits, confidentiality, IP and restrictive covenants drafted to your state's non-compete, sick-leave and pay-timing rules.

Updated September 11, 2026≈ 10 minReviewed against 19 Del. C. § 805 · 19 Del. C. § 1102 · 19 Del. C. § 1103

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What you'll get

Sample first page of the Employment Agreement / Offer Letter. Your answers fill in the blanks; the clauses required in Delaware are added automatically.

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What this document covers

Offer letter or full employment agreement in one wizard
Position, duties, location and start date
At-will or fixed term
Exempt / non-exempt status with FLSA overtime note
Salary or hourly pay, bonus and commission plan
Benefits, PTO and state paid sick leave
Confidentiality, DTSA notice and IP assignment with state carve-outs
Non-solicitation and state-compliant non-compete
Termination, final pay timing and return of property
Optional arbitration, governing law, state new-hire notices

Delaware rules that this document follows

Non-compete rule	Enforceable if reasonableSource: 6 Del. C. § 2707; Kodiak Building Partners v. Adams, 2022 WL 5240507 (Del. Ch.)
Invention-assignment carve-out	Statute limits assignment to work-related inventionsSource: 19 Del. C. § 805
Pay frequency	at least once each calendar month on regular paydays designated in advanceSource: 19 Del. C. § 1102
Final paycheck	Discharged: next regular payday. Resigned: next regular payday.Source: 19 Del. C. § 1103
Paid sick leave	No statewide mandateSource: No statewide paid sick leave mandate
Pay transparency	No state requirementSource: No state pay-transparency statute (local ordinances may apply)
New-hire wage notice	Notice of rate and payday: rate of pay, day, hour and place of payment, at the time of hiringSource: 19 Del. C. § 1108
Exempt salary floor	$684.00/week ($35,568.00/yr, 2026) — federal FLSA levelSource: 29 C.F.R. § 541.600

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Employment Agreement / Offer Letter in Delaware

Decide exempt vs. non-exempt honestly: the salary floor and the duties test both matter, and misclassification is the most expensive payroll mistake.

Give the signed offer letter or agreement before the first day, together with the Delaware new-hire wage notice (19 Del. C. § 1108), and complete Form I-9 within three business days of the start date.

Frequently asked questions

Can I include a non-compete in Delaware?

Yes, if reasonable in time, area and scope and supported by a legitimate business interest (6 Del. C. § 2707). Common-law reasonableness; Chancery increasingly refuses to blue-pencil overbroad covenants; physician non-competes void.

When is the final paycheck due in Delaware?

If discharged: next regular payday. If the employee resigns: next regular payday (19 Del. C. § 1103). Wages must otherwise be paid at least once each calendar month on regular paydays designated in advance (19 Del. C. § 1102).

Does Delaware require paid sick leave?

No statewide mandate. The agreement refers to your written policy.

What salary makes an employee exempt in Delaware?

$684 per week ($35,568 per year) under the federal FLSA (29 C.F.R. § 541.600); Delaware sets no higher floor. The duties test must also be met.

Does Delaware limit invention assignment?

Yes. 19 Del. C. § 805 limits assignment to work-related inventions; the agreement prints the statutory carve-out in Section 6.

Other names

offer letter
job offer letter
employment contract
employee agreement
at-will employment agreement
executive employment agreement
hiring letter
work contract

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.