For-Cause Employment | Practical Law

For-Cause Employment | Practical Law

For-Cause Employment

For-Cause Employment

Practical Law Glossary Item 2-501-5241 (Approx. 2 pages)

Glossary

For-Cause Employment

Employment that can only be terminated without any further employer obligations under a set of conditions usually specified in an employment agreement. Although the conditions for termination vary, they may include, for example:
  • Intentional wrongdoing by the employee.
  • Fraudulent conduct by the employee.
  • The employee's theft of company property.
  • The employee's substantial failure to perform job duties.
  • Intentional breach of company policies by the employee.
In addition, a for-cause employment agreement typically specifies the employer's obligations on a termination without cause, such as severance. Typically, but not always, executives are subject to for-cause employment, while non-executives are employed at-will. For more information, see Practice Notes, Recruiting and Interviewing: Minimizing Legal Risk: Risk of Creating For-Cause Employment Relationships and Negotiating and Drafting an Executive Employment Agreement: Termination of Employment.
In most states, if employment is not for-cause, it is generally presumed to be at-will.