N.C.P.I.—Civil 640.20

"Was the plaintiff's [participation in conduct protected by law]

[refusal to participate in unlawful conduct] [refusal to participate in

conduct which violated public policy] a substantial factor in the

defendant's decision to terminate the plaintiff's employment?"1

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, two

things:

First, that the plaintiff [participated in conduct protected by law]

[refused to participate in unlawful conduct] [refused to participate in

conduct which would violate public policy]. I instruct you that

[(state protected conduct) is conduct protected by law]2

[(state unlawful conduct) would be unlawful]

[(state conduct which violated public policy) would violate public

policy].3

And Second, that the plaintiff's [participation in conduct protected

by law] [refusal to participate in unlawful conduct] [refusal to participate

in conduct which violated public policy] was a substantial factor in the

defendant's decision to terminate the plaintiff.4 (Absent an agreement to

the contrary,5 an employer may terminate an employee with or without

cause, and even for an arbitrary or irrational reason. Where there is an

employment agreement, an employer may terminate an employee [for

breaching a provision of the employment agreement] [for just cause6].

Even so, no employee may be terminated because of his [participation in

conduct protected by law] [refusal to participate in unlawful conduct]

[refusal to participate in conduct which violated public policy].7

Finally, as to this (state number) issue on which the plaintiff has

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

that the [participation in conduct protected by law] [refusal to participate

in unlawful conduct] [refusal to participate in conduct which violated

public policy] was a substantial factor in the defendant's decision to

terminate 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.