This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Delaware Complaint For Wrongful Discharge of Physician - Jury Trial Demand
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How to fill out Complaint For Wrongful Discharge Of Physician - Jury Trial Demand?
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FAQ
Delaware is an at-will employment state. This means that employers may generally discharge employees for any reason, or no reason, so long as it is not a reason otherwise prohibited by law (such as discrimination or retaliation protections).
Delaware Breach of Fiduciary Duty Elements In a Delaware fiduciary relationship, the agent is required to do his or her best to work in the best interests of the principal. This can include using his or her skill, diligence, and care with full honesty and disclosure to perform the actions asked by the principal.
A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.
§ 8106 (providing a three year limitations period for fiduciary duty and fraud actions); 6 Del.
Directors of Delaware corporations are subject to the fiduciary duties of care and loyalty (which include the subsidiary duties of good faith, oversight and disclosure). - Duty of care. Care requires informed, deliberative deci- sion-making based on all material information reasonably available.
The penalties for a breach of fiduciary duty are typically monetary and direct compensation for financial and other losses. There can also be attorney fees, court costs, and other legal expenses.
At-will employees can sue for wrongful termination if the employer fired them for illegal reasons, such as an employer's violation of public policy, an employer's breach of an implied contract for continued employment, or an employer's violation of the covenant of good faith and fair dealing.
As a general rule, punitive damages are not recoverable for breach of contract under Delaware law. Under Delaware law, punitive damages for breach of fiduciary duty may be awarded, but only upon proof that the Defendant acted maliciously for the purpose of injuring the Plaintiff.