M Civ JI 110.11 Wrongful Discharge: Satisfaction Contract or Policy - Burden of Proof

Plaintiff has the burden of proving:

(a) * that (an employment relationship existed between plaintiff and defendant.)

(b) that the employment relationship could not be terminated unless defendant was dissatisfied with [ plaintiff / or / plaintiff’s work ].

(c) that plaintiff’s employment was terminated by the defendant.

(d) that defendant was not dissatisfied with [ plaintiff / or / plaintiff’s work ].

(e) that plaintiff suffered economic damages as a result of the termination.

In deciding whether the employer is dissatisfied with the employee’s services, you may not concern yourself with whether the employer’s dissatisfaction is reasonable, †(but you are to decide whether the dissatisfaction is insincere, in bad faith, dishonest, or not the real reason).

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

Note on Use

*Delete paragraph (a) if it is not an issue.

†The phrase in parentheses should be used only if there is some evidence that the claimed dissatisfaction is not the true reason for the discharge.

This instruction should only be given where the parties agree that the case involves a satisfaction contract or where there is sufficient evidence to warrant submission of the issue to the jury of whether the agreement is a satisfaction contract.

Comment

Toussaint v Blue Cross & Blue Shield of Michigan, 408 Mich 579; 292 NW2d 880 (1980); Schmand v Jandorf, 175 Mich 88; 140 NW 996 (1913).

The employer may discharge under a satisfaction contract as long as it is in good faith dissatisfied with the employee’s performance or behavior. However, where the employee has secured a promise not to be discharged except for cause, he or she has contracted for more than the employer’s promise to act in good faith or to provide continued employment absent employer dissatisfaction.

History

M Civ JI 110.11 was added December 1990. Amended January 2020.