Do you find from a preponderance of the evidence:
1. That [Plaintiff], in good faith, engaged in an activity protected by USERRA?
Answer Yes or No _____________
If your answer is “No,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “Yes,” go to the next question.
2. That [Defendant] took an adverse employment action against [Plaintiff]?
Answer Yes or No _____________
If your answer is “No,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “Yes,” go to the next question.
3. That [Plaintiff]’s protected activity was a motivating factor that prompted [Defendant] to take that action?
Answer Yes or No _____________
If your answer is “No,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “Yes,” go to the next question.
[4. That [Defendant] would have taken the same action even if [Defendant] had not taken [Plaintiff]’s protected activity into account?
Answer Yes or No _____________
If your answer is “Yes,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “No,” go to the next question.]
5. That [Plaintiff] suffered damages because of the adverse employment action?
Answer Yes or No _____________
6. That [Plaintiff] should be awardeddamages to compensate for a net loss of wages and benefits from the date of [describe adverse employment action] to the date of your verdict?
Answer Yes or No _____________
If your answer is “Yes,” in what amount? $_____________
[If you did not awarddamages in response to Question No. 6, this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If you awardeddamages in response to Question No. 6, go to the next question.]
[7. That [Defendant] willfully violated the law?
Answer Yes or No _____________]
SO SAY WE ALL.