CACI VF-2404 Employment—Breach of the Implied Covenant of Good Faith and Fair Dealing
California Civil Jury Instructions CACI
VF-2404 Employment—Breach of the Implied Covenant of Good Faith and Fair Dealing
We answer the questions submitted to us as follows:
1.Did [name of plaintiff] and [name of defendant] enter into an employment relationship?
Yes No
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 plaintiff] substantially perform [his/her/nonbinary pronoun] job duties?
Yes No
If your answer to question 2 is yes, skip question 3 and answer question 4. If you answered no, answer question 3.
3.Was [name of plaintiff]’s performance excused or prevented?
Yes No
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.Did [name of defendant] [specify conduct that plaintiff claims prevented plaintiff from receiving the benefits under the contract]?
Yes No
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] fail to act fairly and in good faith?
Yes No
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.Was [name of plaintiff] harmed by [name of defendant]’s failure to act fairly and in good faith?
Yes No
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: $]
[b.Future economic loss: $]
TOTAL $
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, December 2016, May 2020
https://crowdsourcelawyers.com/judicial-council-california-civil-jury-instructions-caci
Directions for Use
This verdict form is based on CACI No. 2423, Breach of the Implied Covenant of Good Faith and Fair Dealing—Employment Contract—Essential Factual Elements.
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.
Questions 2 and 3 should be deleted if substantial performance is not at issue.
The breakdown of damages in question 7 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.
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.