CJI-Civ. 31:12

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

pronoun) claim for wrongful discharge in violation of public policy, you must find that all of

the following have been proved by a preponderance of the evidence:

1. During the course of the plaintiff’s employment with the defendant, the defendant

directed the plaintiff (not) to: (describe the action, omission, or conduct that would have (1)

violated a statute, rule, or regulation relating to public health, safety, or welfare, or (2)

undermined a public policy relating to plaintiff’s basic responsibility as a citizen, or (3)

prevented the plaintiff from exercising an important work-related right or privilege);

2. The plaintiff refused to comply with the defendant’s directive because the

plaintiff reasonably believed that to do so would have been (illegal) (a violation of a rule) (a

violation of a regulation) (contrary to the plaintiff’s duty as a citizen) (a violation of the

plaintiff’s legal right or privilege as a worker);

3. The defendant was aware or reasonably should have been aware that the

plaintiff’s refusal to comply with the defendant’s directive was based on the plaintiff’s

reasonable belief that to do so would have been (illegal) (a violation of a rule) (a violation of

a regulation) (contrary to the plaintiff’s duty as a citizen) (a violation of the plaintiff’s legal

right or privilege as a worker); and

4. The defendant (constructively) discharged the plaintiff because the plaintiff

refused to comply with the defendant’s directive.

If you find that any one 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.