CACI No. VF-2408. Constructive Discharge in Violation of Public Policy - Plaintiff Required to Endure Intolerable Conditions for Improper Purpose That Violates Public Policy
Judicial Council of California Civil Jury Instructions (2024 edition)
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VF-2408.Constructive Discharge in Violation of Public
Policy - Plaintiff Required to Endure Intolerable Conditions for
Improper Purpose That Violates Public Policy
We answer the questions submitted to us as follows:
1. Was [name of plaintiff] employed by [name of defendant]?
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. Was [name of plaintiff] subjected to working conditions that
violated public policy, in that [describe conditions imposed on the
employee that constitute the violation, e.g., “plaintiff was treated
intolerably in retaliation for filing a workers’ compensation claim”]?
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 defendant] intentionally create or knowingly permit
these working conditions?
3. Yes No
3. If your answer to question 3 is yes, then answer question 4. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
4. Were these working conditions so intolerable that a reasonable
person in [name of plaintiff]’s position would have had no
reasonable alternative except to resign?
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 plaintiff] resign because of these working conditions?
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.
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6. Were the working conditions a substantial factor in causing harm
to [name of plaintiff]?
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. What are [name of plaintiff]’s damages?
[a. Past economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other past economic loss $ ]
[a. Total Past Economic Damages: $ ]
[b. Future economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other future economic loss $ ]
[b. Total Future Economic Damages: $ ]
[c. Past noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. Future noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. 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 April 2007, December 2010, December 2016
WRONGFUL TERMINATION VF-2408
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Directions for Use
This verdict form is based on CACI No. 2432, Constructive Discharge in Violation
of Public Policy - Plaintiff Required to Endure Intolerable Conditions for Improper
Purpose That Violates Public Policy.
The special verdict forms in this section are intended only as models. They may
need to be modified depending on the facts of the case.
This verdict form is based on CACI No. 2432, Constructive Discharge in Violation
of Public Policy - Plaintiff Required to Endure Intolerable Conditions for Improper
Purpose That Violates Public Policy.
If specificity is not required, users do not have to itemize all the damages listed in
question 7 and do not have to categorize “economic” and “noneconomic” damages,
especially if it is not a Proposition 51 case. The breakdown of damages is optional
depending on the circumstances.
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.
If the jury is being given the discretion under Civil Code section 3288 to award
prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801,
814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest.
This verdict form may need to be augmented for the jury to make any factual
findings that are required in order to calculate the amount of prejudgment interest.
VF-2409-VF-2499. Reserved for Future Use
VF-2408 WRONGFUL TERMINATION
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© Judicial Council of California.
