Alaska Civil Pattern Jury Instruction 24.09C

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 determine the amount that [plaintiff] would have received from [defendant] as compensation from [date of breach/termination] until the date when [plaintiff] would have been likely to end [his her] employment with [defendant] if [defendant] had not terminated [plaintiff’s] employment. From the expected compensation amount, you must subtract [whichever of the following is the greater]:

[[(1)] the amount of any compensation [plaintiff] actually earned during that period which the plaintiff would not have earned if employed by the [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 through a diligent effort to obtain comparable employment.]

Alternative B

To determine the amount of damages [plaintiff] is entitled to receive, you must first determine the amount that [plaintiff] would have received from [defendant] as compensation from [the date of the breach/termination] to [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 the breach/termination] and [the 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 the breach] and [the date of trial] through a diligent effort to obtain comparable employment.]

You must then determine the amount that [plaintiff] would have received from [defendant] as compensation from [date of trial] until the likely end of [plaintiff’s] employment by [defendant]. From this amount, you must subtract [whichever of the following is the greater]:

[[(1)] the amount of any compensation the plaintiff will earn between the date of trial and the date on which the contract reasonably could be expected to terminate which the plaintiff would not have earned if employed by the 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 [date of trial] and the date until the likely end of [plaintiff’s] employment by [defendant] 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.

[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.