PJC Business

PJC 107.2

E MPLOYMENT

PJC 107.2 Instruction on Good Cause as Defense to Early Discharge Failure to comply by Don Davis is excused if there was good cause for dis charging Paul Payne before the agreed term of employment expired. “Good cause” means that the employee failed to perform those duties in the scope of his employment as a person of ordinary prudence would have done under the same or similar circumstances, or that the employee committed acts in the scope of his employment that a person of ordinary prudence would not have done under the same or similar circumstances. COMMENT When to use. PJC 107.2 submits the defense of “good cause” to breach of an agreement to employ for a definite term. See, e.g., McGee v. Abrams Technical Ser vice , No. 01-06-00590-CV, 2008 WL 597192, at *3 (Tex. App.—Houston [1st Dist.] Mar. 6, 2008, no pet.) (mem. op.); Lee-Wright, Inc. v. Hall , 840 S.W.2d 572, 578 (Tex. App.—Houston [1st Dist.] 1992, no writ). This instruction should be used with PJC 101.7, the basic contract defense question. Source of instruction. PJC 107.2 is derived from Winograd v. Willis , 789 S.W.2d 307, 311 (Tex. App.—Houston [14th Dist.] 1990, writ denied); see also Dixie Glass Co. v. Pollak , 341 S.W.2d 530, 541–42 (Tex. App.—Houston 1960) (defining “good cause”), writ ref’d n.r.e. per curiam , 347 S.W.2d 596 (Tex. 1961). “Good cause” defined in agreement. If “good cause” or a similar term, such as “just cause” or “proper cause,” is explicitly defined in the agreement or if specific grounds for termination are recited in the agreement, PJC 107.2 should not be submit ted.

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