N.C.P.I.—Civil 640.03

The (state number) issue reads:

“Did the defendant terminate the plaintiff’s employment?”

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, that

the defendant terminated the plaintiff’s employment, that is, that the

cessation of the plaintiff’s employment with the defendant was not the

result of some voluntary act on the part of the plaintiff.

An employer may terminate an employee’s employment by laying

off, discharging or firing the employee. An employee may voluntarily

terminate the employment relationship on his own accord by resigning or

quitting.

[However, an employee’s termination of the employment

relationship by resigning or quitting is not voluntary when, under the

totality of the circumstances, the employee was denied the opportunity

to make a free choice to resign or quit. 2 Denial of an opportunity for a

free choice occurs

[Alternative A:

when the employee’s decision to terminate the employment

relationship has been obtained either by the employer’s deception

or by the employee’s reasonable reliance upon the employer’s

misrepresentation of a material fact concerning the employee’s

termination of the employment relationship.3 A fact is material if it

concerns either a consequence of, or an alternative to, the

employee’s termination of the employment relationship.4]

[Alternative B:

when the employee’s termination of the employment relationship

has been forced by the employer’s duress or coercion.5 Whether the

termination has been forced by the employer’s duress or coercion

must be determined from the objective point of view of a

reasonably careful and prudent person rather than from the

employee’s purely subjective point of view.6

Factors that may be considered under the totality of all the

circumstances include (1) whether the employee was given some

alternative to termination of the employment relationship; (2) whether

the employee understood the nature of the choice he was given; (3)

whether the employee was given a reasonable time within which to

choose whether to terminate the employment relationship; and (4)

whether the employee was permitted to select the effective date for

termination of the employment relationship.7

[The mere fact that the employee’s choice may have been between

basically equal unpleasant alternatives, such as between termination of

the employment relationship or facing disciplinary charges, does not of

itself establish that the employee’s termination decision was induced by

duress or coercion.8 This is so even if the employee’s only alternative to

terminating the employment relationship was facing possible firing for

cause, unless the employer actually lacked good cause to believe that

grounds for firing existed.9]]

Finally, as to this issue on which the plaintiff has the burden of

proof, if you find by the greater weight of the evidence that the

defendant terminated the employment of the plaintiff, then it would be

your duty to answer this issue “Yes” in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue “No” in favor of the defendant.