OUJI-CIV No. 21.2

WRONGFUL DISCHARGE --- PUBLIC POLICY EXCEPTION --- REFUSAL TO

VIOLATE PUBLIC POLICY

There is an exception to the general rule that an employment contract is

terminable at will, if an employee is discharged for refusing to act in violation of an

OUJI 3d (Rev. 2009) Chapter 21

established and well-defined public policy. [Plaintiff] claims to have been wrongfully

discharged by [Defendant] in retaliation for refusing to [set out the nature of the act

that the plaintiff claims violated public policy] . In order to prevail on the claim of

wrongful discharge in violation of public policy, [Plaintiff] must show by the weight of

the evidence that:

1. [Plaintiff] was discharged from [his/her] employment with [Defendant];

2. During the course of [Plaintiff]'s employment with [Defendant], [Plaintiff]

refused to [set out the nature of the act that the plaintiff claims violated public

policy];

3. A significant factor in the decision to discharge [Plaintiff] was retaliation for

Plaintiff’s refusal to [set out the nature of the act that the plaintiff claims violated

public policy]; and

4. [Plaintiff] was damaged as a result of the discharge.