CACI No. VF-2401. Breach of Employment Contract - Unspecified Term - Constructive Discharge
Judicial Council of California Civil Jury Instructions (2023 edition)
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VF-2401.Breach of Employment Contract - Unspecified
Term - Constructive Discharge
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] and [name of defendant] enter into an
employment relationship?
1. Yes No
1. If your answer to question 1 is yes, then answer question 2. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
2. Did [name of defendant] promise, by words or conduct, not to
[discharge/demote] [name of plaintiff] except for good cause?
2. Yes No
2. If your answer to question 2 is yes, then answer question 3. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
3. Did [name of plaintiff] substantially perform [his/her/nonbinary
pronoun] job duties?
3. Yes No
3. If your answer to question 3 is yes, skip question 4 and answer
question 5. If you answered no, answer question 4.
4. Was [name of plaintiff]’s performance excused or prevented?
4. Yes No
4. If your answer to question 4 is yes, then answer question 5. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
5. Did [name of defendant] intentionally create or knowingly permit
working conditions to exist that were so intolerable that a
reasonable person in [name of plaintiff]’s position would have had
no reasonable alternative except to resign?
5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
6. Did [name of plaintiff] resign because of the intolerable
conditions?
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6. Yes No
6. If your answer to question 6 is yes, then answer question 7. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
7. Was [name of plaintiff] harmed by the loss of employment?
7. Yes No
7. If your answer to question 7 is yes, then answer question 8. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
8. What are [name of plaintiff]’s damages?
[a. Past economic loss: $ ]
[b. Future economic loss: $ ]
[b. TOTAL $
Signed: Presiding Juror
Dated:
After [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailiff/court attendant] that you are ready to present your
verdict in the courtroom.
New September 2003; Revised December 2010
Directions for Use
The special verdict forms in this section are intended only as models. They may
need to be modified depending on the facts of each case.
This verdict form is based on CACI No. 2401, Breach of Employment
Contract - Unspecified Term - Actual or Constructive Discharge - Essential Factual
Elements.
Questions 3 and 4 should be deleted if substantial performance is not at issue.
The breakdown of damages is optional; depending on the circumstances, users may
wish to break down the damages even further.
If there are multiple causes of action, users may wish to combine the individual
forms into one form. If different damages are recoverable on different causes of
action, replace the damages tables in all of the verdict forms with CACI No. VF-
3920, Damages on Multiple Legal Theories.
VF-2401 WRONGFUL TERMINATION
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