CJI-Civ. 31:7

If you find in favor of the plaintiff, (name), on (insert applicable pronoun) claim for

breach of an employment contract, then you must award (insert applicable pronoun) actual

or nominal damages.

To award actual damages, you must find by a preponderance of the evidence that

the plaintiff incurred actual damages as a result of the breach and the amount of those

damages.

To the extent that actual damages have been proved by the evidence, you shall

award as actual damages:

1. The amount of earnings and benefits the plaintiff would have received under the

terms of the contract during the full term of the contract:

a. Less any expenses arising from the contract which (insert applicable pronoun) did

not have to pay because the contract was ended; and

b. Less any amount (insert applicable pronoun) earned from any replacement

employment; and

c. Less any amount (insert applicable pronoun) reasonably could have earned from

any replacement employment.

2. (Insert the proper measure of any recoverable special damages of which there is

sufficient evidence), provided, as to these damages, you find by a preponderance of the

evidence (a) that they were a natural and probable consequence of the claimed breach of

the contract by the defendant, (name), and (b) that, at the time the parties entered into the

contract, the defendant reasonably could have anticipated from the facts or circumstances

that the defendant knew or should have known that these damages would probably be

incurred by the plaintiff if the defendant breached the contract.

If you find in favor of the plaintiff, but do not find any actual damages, you shall

nonetheless award (insert applicable pronoun) nominal damages in the sum of one dollar.