N.C.P.I.—Civil 640.29E

NOTE WELL: Prior to instructing a jury in a case under

the North Carolina Whistleblower Act, read carefully

N.C.P.I.-Civil 640.29A (“Employment Relationship-

Adverse Employment Action in Violation of the North

Carolina Whistleblower Act, N.C. Gen. Stat. § 126-84 et

seq.-INTRODUCTION”).

The (state number) issue reads:

“Would the defendant have taken the same adverse employment

action against the plaintiff absent the plaintiff’s [participation in conduct

protected by law] [refusal to carry out an improper directive]?”

You will answer this issue only if you have answered Issue (state

issue number) “Yes” in favor of the plaintiff.1

On this issue the burden of proof is on the defendant.2 This means

that the defendant must prove, by the greater weight of the evidence,3

that it would have taken the same adverse employment action against

the plaintiff even if the plaintiff had not [participated in conduct

protected by law] [refused to carry out an improper directive]. Stated

another way, the defendant must prove that the lawful reason[s] it has

given for its adverse employment action against the plaintiff would,

standing alone, have induced it to take the same adverse employment

action even if the plaintiff had not [participated in conduct protected by

law] [refused to carry out an improper directive].

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

defendant would have taken the same adverse employment action

against the plaintiff absent the plaintiff’s having [participated in conduct

protected by law] [refused to carry out an improper directive], 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.