M Civ JI 110.13 Wrongful Discharge: Procedural Terms or Conditions - 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 procedural terms or conditions ].

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

(d) that the termination of employment was not in accordance with [ describe procedural terms or conditions ].

(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

Where an employee manual sets forth procedures for warning and temporary suspension prior to discharge, plaintiff may maintain a wrongful discharge action for the employer’s failure to follow these procedures. Damrow v Thumb Cooperative Terminal, Inc, 126 Mich App 354; 337 NW2d 338 (1983), lv den, 418 Mich 899 (1983).

History

M Civ JI 110.13 was added December 1990. Amended January 2020.