M Civ JI 110.12 Wrongful Discharge: Special Conditions or Performance Standards - 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 only be terminated in accordance with [ describe special conditions or performance standards ].

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

(d) that the termination of employment was not in accordance with [ describe special conditions or performance standards ].

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

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.

Comment

A wrongful discharge action may be maintained based on a claim that an employer failed to follow its policy regarding laying off employees. King v Michigan Consolidated Gas Co, 177 Mich App 531; 442 NW2d 714 (1989).

History

M Civ JI 110.12 was added December 1990. Amended January 2020.