M Civ JI 107.15 Whistleblowers’ Protection Act: Burden of Proof

Plaintiff has the burden of proving:

(a) that [ he / she ] was engaged in a protected activity as defined in these instructions; and

(b) the defendant [ discharged / or / threatened / or / discriminated against ] the plaintiff; and

(c) the [ discharge / threat / discrimination ] was because of protected activity; and

(d) the plaintiff suffered damages as a result of the [ discharge / threat / discrimination ].

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

Your verdict will be for the defendant if you find that the plaintiff has failed to prove any one of these elements.

Comment

West v General Motors, 469 Mich 177 (2003).

History

M Civ JI 107.15 was added April 1, 2002. Amended July 2012, January 2020.