CJI-Civ. 31:4

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

pronoun) claim for breach of an employment contract, you must find that all of the

following have been proved by a preponderance of the evidence:

1. The defendant had a (insert description of appropriate document, e.g., “employee

handbook, personnel manual,” etc.) which was in effect at the time the plaintiff was

(constructively) discharged by the defendant;

2. The (employee handbook, personnel manual, etc.) set forth (policies) (and) (or)

(procedures) regarding the discharge of the defendant’s employees, such as the plaintiff;

3. The defendant demonstrated to such employees a willingness to be bound by such

(policies) (and) (or) (procedures);

4. The plaintiff was aware of the existence of the (employee handbook, personnel

manual, etc.) before (insert applicable pronoun) was discharged by the defendant;

5. The plaintiff reasonably understood that the defendant was offering the (employee

handbook, personnel manual, etc.) as part of the terms and conditions of (insert applicable

pronoun) employment, and, with that understanding, the plaintiff (began) (continued)

(insert applicable pronoun) employment with the defendant;

6. The defendant (constructively) discharged the plaintiff without complying with

the termination (policies) (procedures) set forth in its (employee handbook, personnel

manual, etc.); and

7. Until discharged, the plaintiff (substantially) performed (insert applicable

pronoun) part of the contract (or the plaintiff had some justification for nonperformance).

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.