New Mexico Forms Library

13-2303. Wrongful discharge; implied contract to follow certain procedures.

            In this case you must determine whether there was an implied agreement that ________________________ (employer) would follow a particular procedure in discharging ________________________ (employee) specifically or in discharging __________________'s (employer's) employees generally. In order for there to be an implied agreement, there must be a promise, representation or conduct sufficiently specific to create a reasonable expectation in the mind of ________________________ (employee) that ________________________ (employer) would follow a particular procedure in discharging ________________________ (employee) or ________________________'s (employer's) employees generally. In determining whether there was an implied agreement, you may consider all the surrounding circumstances, including the parties' words and actions, [what they wanted to accomplish], [the way they dealt with each other], [how other employees in the same or similar circumstances were customarily dealt with by ________________________ (employer)] [and] [any writings, handbooks or procedures used by ________________________ (employer)].

            [How other employees in the same or similar circumstances were customarily dealt with cannot by itself constitute sufficient evidence to establish an implied contract.] If such an agreement existed, and if ________________________'s (employee's) discharge violated that agreement, then the discharge was wrongful.

USE NOTES

            The bracketed language should be given when the evidence in the case permits. When this instruction is given, it should immediately follow UJI 13-2301 NMRA or, if given, UJI 13-2302 NMRA.

[Approved, effective January 1, 1999.]