N.C.P.I.—Civil 640.32

"By what amount, if any, should the plaintiff's actual damages be

reduced?"

You are to answer this issue only if you have awarded the plaintiff

actual damages in the preceding issue.

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, by

what amount, if any, the plaintiff's actual damages should be reduced.

[The plaintiff's actual damages must be reduced by the amount he

[has earned] [will earn] from substitute employment (during the

unexpired term of his employment agreement).2 Substitute employment

is new or additional employment that becomes available to the plaintiff

as the result of being terminated. 3 Actual damages may not be reduced

on account of income the plaintiff [has earned] [will earn] from a source

already available to him and in addition to his employment with the

defendant.4]

[The plaintiff's actual damages must (also) be reduced by the

amount he [has received] [will receive] from [unemployment benefits]

[severance pay] [unearned benefits retained] [(state other benefits).]

[The plaintiff's actual damages must (also) be reduced by the

amount which the plaintiff, with reasonable diligence, could have earned

from similar employment in the same locality (during the unexpired term

of his employment agreement).5 Reasonable diligence does not require

that an employee seek or accept just any available employment. Rather,

reasonable diligence requires that an employee seek and accept similar

employment in the same locality.6]

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 plaintiff's

actual damages should be reduced under the rules I have explained to

you, then you will answer this issue in favor of the defendant by writing

the amount of that reduction 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 in favor of the plaintiff by writing the word "None" in

the blank space provided.