OUJI-CIV No. 21.11

WRONGFUL DISCHARGE --- DAMAGES

If you find in favor of [Plaintiff] on the issue of liability, then you must

determine the amount that will reasonably and fairly compensate [him/her] for the

damages [he/she] suffered as a direct result of the discharge. In fixing the amount of

damages, you may consider the following elements:

A. The difference between the amount that [Plaintiff] was entitled to under the

employment contract with [Defendant] and what [Plaintiff] has earned since the

discharge [or could have earned using reas onable diligence in finding employment of

comparable quality as the employment with [Defendant]]; [and]

[B. The loss of earnings in the future that [Plaintiff] would be reasonably likely

to suffer as a direct result of the discharge, if [he/she] used reasonable diligence in

finding employment of comparable quality as the employment with [Defendant];] and

C. Any physical or mental distress or a nguish that [Plaintiff] suffered as a result

of the discharge.