Key Takeaways

  • Removal for cause occurs when a person is terminated, excluded, or dismissed from a role, jury, or office due to specific misconduct, incapacity, or conflict of interest.
  • In employment, removal for cause requires just cause, such as violation of company policy, breach of fiduciary duty, or illegal activity.
  • In jury selection, attorneys can request removal for cause if a juror shows bias, prejudice, or inability to remain impartial.
  • Government officials, board members, and directors may also be removed for cause under statutes, contracts, or corporate bylaws.
  • Proper documentation and adherence to due process are critical to avoid legal disputes following a removal for cause.

Removal for cause happens when someone gets taken out of a position because something against policy occurred. For an employer to fire an employee for cause, there are specific factors to consider. First, it starts by understanding the different causes and their ramifications.

Cause: Definition

Cause is the situation or action that causes ground for a legal ramification. For example, Joan is driving and turns around for a second when she hears her baby scream. She startled by a bump — she hits the car in front of her. Joan's inattention caused the accident, not her baby's scream.

Cause and Causality in American Law

If an employee is let for sexual harassment, his firing is for cause. In criminal law probable cause is sufficient enough to believe someone committed a crime and allow law officers to arrest them.

In civil law, the injured party must prove the defendant is responsible for the alleged harm. The plaintiff must show, but for the defendant's negligence or conduct, the injury would not have occurred.

Actual Cause

There two causal terms to distinguish: actual cause and immediate cause.

  • An actual cause is an event responsible for an injury. For example, a person shoves another person, who then falls down the stairs and results in a broken leg. The actual cause is the shove.
  • The immediate cause is the event that caused the injury. In the above example, the fall down the stairs caused the injury.

An injury's actual cause and the immediate cause can be the same. For example, one person hits another person in the eye which causes an eye injury. The actual cause and the immediate cause are the same.

Concurrent Cause

A concurrent cause is when it happens at the same and causes the injury or harm. Though they occurred at the same time, either even in itself would have resulted in injury or harm. A person gets by one person and stabbed by another at the same time. Either one of these events alone would have caused injury.

Intervening Cause

An intervening cause is an event that disrupts the natural progress between the wrong and the injury, and it causes the natural progression to deviate, producing an unanticipated consequence. For instance, one person pushes another person against a barrier. The barrier was rotting and ready to give at any moment. The injured party falls. The intervening cause is the rotting barrier. If the person or company responsible for the barrier had prior knowledge, then they would be liable for the person falling.

Proximate Cause

Proximate cause of an injury results if the defendant had not committed or omitted an act, the injury would not have occurred. Your neighbor is burning trash in his backyard. The fire gets out of control and burns down other homes including yours. The trash burning is the proximate cause of the fire.

Unforeseeable Cause

An unforeseeable cause is one that has an unexpected after-effect from the proximate cause. A disc jockey lightly pushes a fan standing too close to his equipment. The person he pushes trips and breaks a bone. The injured person, it turns out, has Osteogenesis imperfecta (OI). This disease cause bones to break easily. The DJ's actions did not cause the severe injury.

Remote Cause

A remote cause is one that is separate from the proximate cause. For instance, a person goes to the hospital after a drunk driver hit him. The hospital accidentally gives the patient the wrong treatment leading to a severe reaction. Both the hospital and the drunk driver would more than likely share liability.

Unforeseeable Cause

An unforeseeable cause refers to an outcome that could not have been reasonably anticipated from the original act. In legal disputes, this is important because liability may be limited if the harm was outside the scope of what a reasonable person could have foreseen. Courts often evaluate whether the chain of events leading to the injury was foreseeable. If not, the defendant may not be held fully liable.

Remote Cause

A remote cause occurs when the harm is indirectly linked to the original act but separated by an additional, independent event. Unlike proximate cause, a remote cause may not create liability if it is too distant or unrelated to the defendant’s conduct. Courts typically weigh whether the remote cause was a substantial factor in producing the harm.

Removal for Cause

Employers are not the only one that can remove a person for cause, the jury selection process is also an example of it. When attorneys are questioning jury members, they can use two methods to remove them from the jury pool.

  1. They can do a peremptory strike where they remove a person without giving any reason.
  2. They can also remove them for cause meaning they do not believe the person would be impartial.

If you terminate an employee for cause, make sure it is a just cause, or it can lead to unwanted consequences.

Removal for Cause in Employment

In the workplace, removal for cause generally means an employee is terminated due to misconduct or violation of employment policies. Typical grounds for removal for cause include:

  • Gross misconduct such as harassment, violence, or theft.
  • Breach of confidentiality or company policy.
  • Criminal activity or dishonesty.
  • Insubordination or repeated failure to perform duties.

Employers must demonstrate that the decision was based on just cause, which requires documented evidence of the employee’s behavior or actions. Without proper cause, termination may expose the employer to claims of wrongful dismissal

Removal for Cause in Jury Selection

In jury trials, attorneys can request a juror’s removal for cause if the individual demonstrates an inability to be impartial. Common grounds include:

  • Expressed prejudice or bias against a party.
  • Prior knowledge of the case or parties involved.
  • Personal experiences likely to influence impartial judgment.
  • Health or hardship reasons preventing fair participation.

Unlike peremptory challenges, removal for cause requires the attorney to state specific reasons, and the judge must approve the request

Removal for Cause in Corporate Governance

Corporate bylaws and statutes often allow board members or officers to be removed for cause. Reasons typically include:

  • Breach of fiduciary duty.
  • Fraud or unethical conduct.
  • Conflict of interest impairing decision-making.
  • Neglect of duties or repeated absenteeism.

These provisions ensure that leadership positions maintain integrity and accountability. Removal for cause in this context often requires a formal vote by the board or shareholders, depending on the organization’s governing documents

Removal of Public Officials for Cause

Government officials may also be subject to removal for cause under constitutional or statutory provisions. For example, the U.S. Constitution has been interpreted to grant the President authority to remove executive branch officers under certain conditions. At state and local levels, statutes may outline procedures for removing elected officials due to misconduct, incapacity, or abuse of office. These removals typically require due process protections, such as notice, hearings, or judicial review.

Frequently Asked Questions

1. What does removal for cause mean in employment?

It means an employee is terminated due to misconduct, violation of policies, or other serious reasons that justify dismissal.

2. Can a juror be removed for cause?

Yes. Jurors may be removed for cause if they show bias, prejudice, or an inability to be impartial, subject to a judge’s approval.

3. How does removal for cause apply to corporate boards?

Board members or officers can be removed for cause due to breaches of fiduciary duty, fraud, or failure to fulfill their responsibilities.

4. Are public officials subject to removal for cause?

Yes. Federal, state, and local officials may be removed under constitutional or statutory provisions if they engage in misconduct or neglect duties.

5. What is the difference between removal for cause and without cause?

Removal for cause requires specific, documented reasons such as misconduct, while removal without cause may occur at an employer’s or organization’s discretion, usually with contractual or statutory limitations.

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