4602. Affirmative Defense--Same Decision (Gov. Code, § 8547.8(e)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 If [name of plaintiff] proves that [his/her] [making a protected disclosure/refusing an illegal order] was a contributing factor to [his/her] [discharge/specify other adverse action], [name of defendant] is not liable if [he/she/it] proves by clear and convincing evidence that [he/she/it] would have discharged [name of plaintiff] anyway at that time, for legitimate, independent reasons. ________________________________________________________________________________ New December 2014; Renumbered from CACI No. 2443 and Revised June 2015