CJI-Civ. 31:13

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

pronoun) claim for wrongful discharge, based on a 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 employment, plaintiff (describe the action, omission, or

conduct of plaintiff that was (1) an exercise of a statutory, regulatory, or rule-based right

relating to public health, safety, or welfare, or (2) a performance of a public duty relating to

plaintiff’s basic responsibility as a citizen, or (3) an exercise of an important work-related right

or privilege) because (insert applicable pronoun) (reasonably believed [insert applicable

pronoun]) had a right to (follow the [statute] [regulation] [rule]) (perform [insert applicable

pronoun] duty as a citizen) (exercise [insert applicable pronoun] right or privilege as a

worker);

2. The defendant was aware or reasonably should have been aware that plaintiff

(reasonably believed [insert applicable pronoun]) had a right to (follow the [statute]

[regulation] [rule]) (perform [insert applicable pronoun] duty as a citizen) (exercise [insert

applicable pronoun] right or privilege as a worker); and

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

(followed the [statute] [rule] [regulation]) (performed [insert applicable pronoun] duty as a

citizen) (exercised [insert applicable pronoun] right or privilege as a worker).

If you find that any one or more 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.