Merrill v. Crothall-American
In Merrill v. Crothall-American, 606 A.2d 96 (Del. 1992), the court held that every employment contract made in Delaware includes an implied covenant of good faith and fair dealing.
To constitute a breach of covenant of good faith and fair dealing, the claimant must show the conduct of the employer constituted "an aspect of fraud, deceit or misrepresentation." Id. at 101.