OUJI-CIV No. 21.10

CONTRACTUAL LIMITATIONS ON DISCHARGE

One of the exceptions to the general rule that an employment contract is

terminable at will arises when an employer and an employee agree that an employer can

only discharge an employee [Specify Substantive Restrictions on Discharge, e.g., (for

certain reasons), (under certain conditions), or (after a certain amount of time)].

Sometimes this agreement is expressed di rectly in the form of a written contract

which specifically states when, how, or why an employee may be discharged.

Other times, this agreement may be implie d from things the employer has said to

the employee, [orally or in writing], such as [statements in an employer's handbook],

[statements in an employer's policy manuals], [oral promises made by the employer

to the employee regarding the employmen t relationship], [the employer's past

practices in dealing with employees].

In this case, [Plaintiff] has alleged that [he/she] had an [express/implied]

agreement, or contract, with [his/her] employer that [he/she] would not be discharged

except for [Specify Reasons, Conditions, Time Limitations, etc.] and that the

[Defendant] breached this agreement, or contract, when [Defendant] discharged

[him/her].

In order for [Plaintiff] to prevail, [he/she] must prove that:

1. [Defendant] made an offer to [Plaintiff] to accept [or continue] [his/her]

employment;

2. [Defendant]'s offer included either express or implied terms that [Plaintiff]

would be discharged only [Specify Reasons, Conditions, Time Limitations, etc.];

3. These terms were definite and of the sort that a reasonable person would

justifiably rely upon;

4. [Plaintiff] relied upon these terms when [he/she] accepted the offer by starting

to work for [Defendant] [or continuing to work for] [Defendant] if the offer was made

during the course of [Plaintiff]'s employment with [Defendant];

5. [Defendant] discharged [Plaintiff] [(for a reason(s) other than those)/(under

conditions other than thos e)/(prior to the time)] contained in the express or implied

terms agreed upon by the [Plaintiff] and the [Defendant]; and

OUJI 3d (Rev. 2009) Chapter 21

6. [Plaintiff] suffered damages as a direct result of the discharge.