Del. P.J.I. Civ. § 19.26

COVENANT OF GOOD FAITH

APPLIES TO DISCHARGE OF AT-WILL EMPLOYEE

Under Delaware law, an at-will employment contract may be terminated at any

time by either party without cause and regardless of motive. But this right to

terminate is subject to a duty to act in good faith and with fair dealing. This duty is

violated when an employee is discharged as a result of ill will, with an intent to cause

harm, and by means of deceit, fraud, or misrepresentation.

To prove that [defendant’s name] did not act in good faith or with fair dealing,

[plaintiff’s name] must show by a preponderance of the evidence that:

(1) [defendant’s name] harbored ill will toward [plaintiff’s name];

(2) [defendant’s name] intended to cause harm to [plaintiff’s name] and

committed [describe acts of deceit, fraud or misrepresentation]; and

(3) [defendant’s name] acted to [describe deceit, fraud or

misrepresentation] and caused [plaintiff’s name] to be discharged from [his/her]

employment.

If [plaintiff’s name] has not proved the above matters, then you must find for

[defendant’s name].