Removal from Service Law and Legal Definition

Removal from service refers to termination of an employee. Most employers have the right to remove an employee for just cause, such as stealing from the company, selling trade secrets, and incompetence in performing the job. Just cause varies and is subject to definition by the individual employer. An employee-at-will doesn't have an employment contract governing the terms of removal, and therefore can be terminated for any reason or no reason at all, as long as it doesn't constitute illegal discrimination based on a protected classification in discrimination laws.

Without an employment contract, or collective bargaining agreement, employment relationships are generally considered to be employment-at-will. Both the employer and employee can end the employment relationship at any time, without notice. Removal of an employee for discriminatory reasons, such as on the basis of race, color, national origin, sex, religion, disability, pregnancy, or age is covered under federal and state antidiscrimination laws such as the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act, or the Age Discrimination in Employment Act (ADEA).