Also known as: for-cause · with cause
Written by attorneys · grounded in primary & secondary sources — see below
A legal reason or ground sufficient to justify an action such as the removal of an officer or employee or the excusal of a juror.
Frontier Capital's shareholders call a special meeting and vote to oust two board members after evidence emerges of self-dealing. The articles contain no clause limiting removal to for cause. The directors are removed immediately because the statute permits removal without cause unless the articles require otherwise.
A high school principal suspends Frank Fisher for ten days after an alleged fight. The school provides no notice or opportunity to respond before the suspension takes effect. Fisher challenges the action because the statute conditions suspension on cause that must be established through basic due process.
Select any source to read its text and confirm it supports the definition.
The SEC seeks to remove a PCAOB member for alleged misconduct. The statute permits removal only for cause after a hearing. The member argues the dual-layer for-cause protections violate separation of powers because they insulate the officer from presidential control.
An agency terminates Faith Fitzgerald's disability benefits after an administrative review finds her condition improved. Fitzgerald receives written notice and an opportunity to submit evidence before termination. The process satisfies due process because the statute conditions continued benefits on cause shown through adequate procedures.
During capital voir dire a prospective juror states strong religious opposition to the death penalty. The prosecutor moves to excuse the juror for cause. The court grants the motion because the juror's views would substantially impair performance of duties under the oath and instructions.
A state statute awards absolute hiring preference to veterans over nonveterans. Female applicants challenge the law as sex discrimination. The court upholds the statute because the preference was not enacted for the purpose of discriminating against women even though it has a disparate impact.
The articles of incorporation must expressly provide that directors may be removed only for cause. Absent such a provision shareholders may remove directors with or without cause by majority vote.
A statute, regulation, or mutual understanding must provide that the employee may be discharged only for cause. Such an entitlement triggers due process protections including notice and an opportunity to respond.
A juror's views must prevent or substantially impair performance of duties in accordance with instructions and oath. General objections or scruples alone do not suffice for exclusion.
A single layer of for-cause protection may be constitutional for inferior officers performing adjudicative functions. Dual layers of for-cause protection that insulate an officer from presidential oversight violate separation of powers.
No. Peremptory challenges allow removal without cause up to the statutory limit. Challenges for cause remain unlimited and are decided by the court on a showing of bias or impairment.
…recently, in Arnett v. Kennedy, supra , we sustained the validity of procedures by which a federal employee could be dismissed for cause. They included notice of the action sought, a copy of the charge, reasonable time for filing a written response, and an opportunity for an oral appearance. Following dismissal, an…