OUJI-CIV No. 21.3

WRONGFUL DISCHARGE --- PUBLIC POLICY EXCEPTION --- ACT

C ONSISTANT WITH PUBLIC POLICY

There is an exception to the general ru le that an employment contract is

terminable at will, if an employee is discha rged for performing an act consistent with a

clear and compelling public policy. [Plaintiff] claims to have been wrongfully

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

plaintiff claims is protected] . 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] [set

out the nature of the act that the plaintiff claims is protected].

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

Plaintiff’s [set out the nature of the act that the plaintiff claims is protected], and

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