N.C.P.I.—Civil 640.14

This issue reads:

"Did the defendant terminate the employment of the plaintiff for

just cause?"

You are to answer this issue only if you answer the (state number)

issue in favor of the plaintiff.

On this issue the burden of proof is on the defendant.1 This means

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

that the employment of the plaintiff was terminated for just cause.

An employee hired for a definite period of time may be terminated

before the expiration of that definite period of time for just cause. Just

cause exists when an employee

[fails to serve his employer faithfully and diligently]2

[fails to perform all the duties incident to his employment with that

degree of diligence, care and attention which an ordinary person would

exercise under the same or similar circumstances]3

[fails to do his job because of some mental, physical or other

disability, even though beyond his control]4

[fails to fulfill one or more of the explicit terms of his employment

agreement]5

[acquires an interest adverse to his employer (such as becoming

engaged in a business which necessarily renders him a competitor of his

employer, no matter how much or how little time and attention he

devotes to it)].6

As to this issue, the defendant contends and the plaintiff denies

that the plaintiff's termination was for just cause in one or more of the

following respects: (here state defendant's contentions of just cause as

supported by the evidence). Whether such termination was for just

cause is for you to decide.

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

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

defendant terminated the employment of the plaintiff for just cause, then

it would be your duty to answer this issue "Yes" in favor of the

defendant.

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 plaintiff.