PJC Business

D AMAGES

PJC 115.26

PJC 115.26 Question and Instruction on Damages for Wrongful Discharge for Refusing to Perform an Illegal Act QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for his damages, if any, that resulted from such con duct? Consider the following elements of damages, if any, and none other. Answer separately in dollars and cents for damages, if any. 1. Lost earnings that were sustained in the past. Answer: _______________ 2. Lost earnings that, in reasonable probability, will be sustained in the future. Answer: _______________ 3. Lost employee benefits other than earnings that were sustained in the past. Answer: _______________ 4. Lost employee benefits other than earnings that, in reasonable prob ability, will be sustained in the future. Answer: _______________ “Benefits” include [ sick-leave pay, vacation pay, profit-sharing benefits, stock options, pension fund benefits, housing or transportation subsidies, bonuses, monetary losses incurred as a result of the loss of health, life, dental, or similar insurance coverage ]. COMMENT When to use. PJC 115.26 should be predicated on a “Yes” answer to PJC 107.3, finding wrongful discharge for refusing to perform an illegal act. Source of question and instruction. The concurring opinion in Sabine Pilot Ser vice, Inc. v. Hauck suggests that Tex. Lab. Code §451.001 (formerly article 8307c), prohibiting firing an employee for filing a workers’ compensation claim, should serve as a guide for the appropriate measure of damages for wrongful discharge for refusing

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