N.C.P.I.—Civil 640.30

This issue reads:

“What amount of damages is the plaintiff entitled to recover?”

You are to answer this issue only if you have answered the (state

number(s))1 issue(s) in favor of the plaintiff. If you have so answered

those issue(s), the plaintiff would be entitled to recover nominal

damages even without proof of actual damages. Nominal damages

consist of some trivial amount such as one dollar in recognition of a

technical injury to the plaintiff resulting from the [breach of the

employment agreement] [wrongful termination] [adverse employment

action].

In order to recover more than nominal damages, the burden of

proof is on the plaintiff to prove, by the greater weight of the evidence,

two things:

First, that the plaintiff has suffered actual damages by reason of

the [breach of the employment agreement] [wrongful termination]

[adverse employment action].

Second, the amount of such actual damages.2

Actual damages consist of that amount of money necessary to

place the plaintiff in the same economic position in which he would have

been if the [breach] [wrongful termination] [adverse employment action]

had not occurred.

(If you find, by the greater weight of the evidence, that the

plaintiff's actual damages include future losses, then the amount you

allow for future losses must be reduced to present value, because a

smaller sum received now is equal to a larger sum received in the future.)

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 plaintiff

has suffered actual damages under the rules I have explained to you,

then you will answer this issue by writing that amount in the blank space

provided.

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

to answer this issue by writing a nominal amount such as “One Dollar” in

the blank space provided.