CJI-Civ. 31:1

For the plaintiff, (name), to recover from the defendant, (name), on (insert applicable

pronoun) claim for breach of an employment contract for a definite period of time, you

must find that all of the following have been proved by a preponderance of the evidence:

1. The plaintiff and the defendant entered into a contract of employment;

2. The contract provided that the employment would continue for a definite period

of time;

3. The defendant (constructively) discharged the plaintiff before the end of that

period of time;

4. Before the plaintiff was discharged, (insert applicable pronoun) ([substantially]

performed [insert applicable pronoun] part of the contract) (had some justification for not

performing [insert applicable pronoun] part of the contract); and

5. The plaintiff had (injuries) (damages) (losses) as a result of the (constructive)

discharge.

If you find that any of these (number) statements has not been proved, then your

verdict must be for the defendant.

On the other hand, if you find that all of these (number) statements have been

proved, (then your verdict must be for the plaintiff) (then you must consider the

defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete

defense to plaintiff’s claim]).

If you find that (this affirmative defense has) (any one or more of these affirmative

defenses have) been proved by a preponderance of the evidence, then your verdict must be

for the defendant.

However, if you find that (this affirmative defense has not) (none of these

affirmative defenses have) been proved, then your verdict must be for the plaintiff.