Wrongful Termination of Employment
| Author | Kevin R. Culhane |
| Pages | 560-602 |
13-560
Chapter 13
Wrongful Termination of
Employment
§1300 Elements of Plaintiff’s Cause of Action
§1310 Definitions
§1320 Basic Information
§1330 Terms of Employment
§1340 Termination of Employment
§1350 Affirmative Defenses and Denials
§1360 Damages
§1370 Investigatory Interrogatories
§1380 Insurance
§1390 Due Diligence in Preparation of Response
§1395 Deposition Checklists
§1300 Elements of Plaintiff’s Cause of Action
§1310 Definitions
§1320 Basic Information
§1321 Information Regarding Employer
§1321.1 Identification of Employer
§1321.2 Business Format of Employer
§1321.3 Personal Data Regarding Employer
§1321.4 Similar Claims and Legal Proceedings
§1322 Information Regarding Plaintiff
§1322.1 Employment History
§1322.2 Prior Actions for Wrongful Discharge
§1322.3 Miscellaneous Personal Information
§1330 Terms of Employment
§1331 Plaintiff to Defendant
§1331.1 Hiring of Plaintiff
§1331.2 Individuals Involved in Hiring Decision
§1331.3 Terms of Written Employment Agreement
§1331.4 Integration
§1331.5 Modification
§1331.6 Oral Employment Agreement
§1331.7 Defendant’s Representations
§1331.8 Policy Manual – Objective Performance Criteria
13-561 Wrongful terMInatIon of eMPloyMent
§1331.9 Policy Manual – Disciplinary Procedures
§1332 Defendant to Plaintiff
§1332.1 Facts of Hire
§1332.2 Persons Involved in Hiring
§1332.3 Written Employment Agreement
§1332.4 Oral Employment Agreement
§1332.5 Implied In Fact Agreement Regarding Termination
§1332.6 Policy Manual – Objective Performance Criteria
§1340 Termination of Employment
§1341 Procedure – Plaintiff to Defendant
§1341.1 Basic Facts Regarding Termination
§1341.2 Persons Involved in Decision to Terminate Employment
§1341.3 Communication of Notice to Plaintiff
§1341.4 Notice of Termination
§1341.5 Persons Involved in Notice of Termination
§1341.6 Consideration of Applicable Personnel Policies
§1341.7 Reduction in Force Termination
§1342 Claim of Good Cause for Termination – Plaintiff to Defendant
§1342.1 Performance Criticisms
§1342.2 Performance Reviews
§1342.3 Training and Other Corrective Measures
§1342.4 Consideration of Other Discipline Options
§1342.5 Comparison to Performance of Other Employees
§1342.6 Violation of Company Policy
§1343 Procedure – Defendant to Plaintiff
§1343.1 Facts Regarding Termination
§1343.2 Reduction in Force Terminations
§1344 Claim of Good Cause for Termination – Defendant to Plaintiff
§1344.1 Performance Criticisms
§1344.2 Performance Reviews
§1344.3 Training and Corrective Measures
§1344.4 Alternatives to Termination
§1344.5 Comparative Job Performance
§1345 Claim That Termination Violated Public Policy
§1350 Affirmative Defenses and Denials
§1351 Contentions and Related Facts
§1352 Failure to Exhaust Internal Remedies
§1353 Failure to Exhaust Administrative Remedies
§1354 Collateral Estoppel Defense
§1355 Managerial Discretion Defense
§1356 Statutory Preemption
§1360 Damages
§1361 Defendant to Plaintiff
§1361.1 Back Pay
§1361.2 Front Pay
§1361.3 Pension and Retirement Benefits
§1361.4 Medical Benefits
§1361.5 Other Fringe Benefits
§1361.6 Emotional or Mental Distress
§1361.7 Harm to Reputation
§1361.8 Failure to Mitigate Damages
§1361.9 Punitive Damages
§1300 Model InterrogatorIes 13-562
§1362 Plaintiff to Defendant
§1362.1 Back Pay
§1362.2 Front Pay
§1362.3 Lost Pension and Retirement
§1362.4 Lost Vacation and Sick Leave
§1362.5 Lost Medical Coverage
§1362.6 Defendant’s Contentions re Emotional Distress Damages
§1362.7 Defendant’s Contentions re Failure to Mitigate Damages
§1370 Investigatory Interrogatories
§1371 Witnesses
§1372 Expert Identification
§1373 Surveillance
§1380 Insurance
§1390 Due Diligence in Preparation of Response
§1395 Deposition Checklists
§1396 Deposition of Defendant
§1396.1 Defendant – General Background
§1396.2 Defendant’s Business Structure
§1396.3 Information Regarding Terms of Plaintiff’s Employment by Defendant
§1396.4 Termination of Employment
§1396.5 Affirmative Defenses and Denials
§1396.6 Damages in Wrongful Termination Cases
§1396.7 Statements by Parties, Witnesses
§1396.8 Surveillance Conducted by Defendant
§1396.9 Insurance
§1397 Deposition of Plaintiff
§1397.1 Plaintiff – General Background
§1397.2 Information Regarding Terms of Plaintiff’s Employment by Defendant
§1397.3 Termination of Employment
§1397.4 Affirmative Defenses and Denials
§1397.5 Damages in Wrongful Termination Cases
§1397.6 Statements by Parties, Witnesses
§1397.7 Surveillance Conducted by Opposing Party
§1300 Elements of Plaintiff’s Cause of Action
This chapter presents interrogatories for use in litigation arising from the termination of the plaintiff’s employ-
ment. These claims, often referred to generically as “wrongful discharge” cases, may be predicated upon a variety of
legal theories and have become increasingly prevalent in modern society.
Breach of Contract
A plaintiff’s wrongful discharge case may be based on the claim that the defendant employer violated the terms of
an express written contract, particularly when the contract prohibits employment termination except for “just cause.”
These cases often involve litigation of standard contract issues, including contract formation, performance, breach,
and damages.
The vast majority of employment relationships involve no written contract or specified term of employment and
thus implicate the nearly universal rule that such employment is terminable at will, with or without cause. These cases
involve limitations upon the employer’s right to discharge which are derived from developing case law.
One such limitation exists when the plaintiff is able to prove an implied-in-fact contract to refrain from discharge
absent just cause. Such agreement is predicated on the facts and circumstances of each case, and thus litigation often
involves hotly contested issues regarding the legitimate expectations of the claimant. When the plaintiff carries his or
her burden of proof, the recovery that follows is for breach of the implied contract.
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