Alaska Civil Pattern Jury Instruction 24.09B

If you find in favor of [plaintiff/employee], you must then decide how much money, if any, would fairly compensate [him/her] for [defendant/employer's] breach of the employment contract.

Alternative A

To determine the amount of damages [plaintiff] is entitled to receive, you must first decide the amount of compensation [defendant/employer] would have paid [plaintiff/employee] from [date of employee’s termination] to [date when the employment contract would have terminated]. From this amount, you must subtract [whichever of the following is the greater]:

[[(1)] the amount of any compensation [plaintiff] actually earned during that period which [he/she] would not have earned if [he/she] was still employed by [defendant] [; or]]

[[(2)] the amount of compensation which [[defendant] has shown it is more likely true than not true that [plaintiff] reasonably could have earned during that period through a diligent effort to obtain comparable employment.]

Alternative B

To determine the amount of damages [plaintiff] is entitled to receive, you must first decide the amount of compensation [defendant/employer] would have paid [plaintiff/employee] from [date of employee’s termination] to [the date of trial]. From this amount, you must subtract [whichever of the following is the greater]:

[[(1)] the amount of any compensation [plaintiff] actually earned between [the date of plaintiff’s termination] and [date of trial] which [plaintiff] would not have earned if [he/she] was still employed by [defendant][; or]]

[[(2)] the amount of compensation which [defendant] has shown it is more likely true than not true that [plaintiff] reasonably could have earned between [the date of plaintiff’s termination] and [date of trial] through a diligent effort to obtain comparable employment.]

You must then decide the amount of compensation [defendant/employer] would have paid [plaintiff/employee] from [date of employee’s termination] to [date when the employment contract would have terminated]. From this amount, you must subtract [whichever of the following is the greater]:

[[(1)] the amount of any compensation [plaintiff] will earn between [date of trial] and [date when the employment contract would have terminated] which [he/she] would not have earned if [he/she] was still employed by [defendant][; or]]

[[(2)] the amount of compensation which [defendant] has shown it is more likely true than not true that [plaintiff] reasonably could be expected to earn between [the date of trial] and [date the employment contract would have terminated] through a diligent effort to obtain comparable employment.]

To determine the amount plaintiff is entitled to receive as damages, add the result of the first computation and the result of the second computation.

[end of Alternative B]

[You may not award damages to [plaintiff] for an amount that [defendant] shows that [plaintiff] could have earned by making a diligent effort to obtain comparable employment with another employer. In making a diligent effort to obtain comparable employment, an employee is not required to encounter undue risks, hardships or embarrassment, or pay unreasonable expenses.]

[Plaintiff] is required to establish the amount of [his/her] lost compensation with reasonable certainty. An award of damages for lost compensation must be based on evidence, and not on speculation, guesswork or conjecture.