for the Precedent: Contract Disputes needed to apply that case to the facts to reach a conclusion. please check references, grammatical errors, and any issues with sentence structure and readability. the final document must have 5 pages.
Milestone One: Memorandum
RE: Greene’s Jewelry Wholesale, LLC
In the representation of Greene’s Jewelry, hereby inform the action for breach of confidentiality and contract that we are taking against Ms. Jennifer Lawson, an employee at Greene’s jewelry for three years, in a Junior executive secretary position, dismissed due to downsizing that resulted all told similar positions terminated to reallocate costs in other departments. Ms. Lawson signed a confidentiality agreement with the corporate, although there is strong evidence that she made use of confidential documents about the key process of creating Ever-Gold in exchange for employment with a competing company, Howell Jewelry world. Before the termination, Ms. Lawson had communicated her high-risk pregnancy to the head of human resources, requesting more time; in this consequence, she is countersuing the corporate for improper termination, despite being aware of the reduction of the picture and not having was the sole one dismissed and that even with good evaluations, the matter of punctuality was known.
Facts and Laws
The laws of the state of New Hampshire (employment-at-will) allows an employee to be dismissed or to resign at any time or reason, without the requirement for prior notice (Summers, 2000). However, problems may arise if the termination occurs for an illegal reason which will involve a violation of federal anti-discrimination laws or a breach of contract (McAdams, 2017). In cases of mass layoffs, employees of companies with more than 100 employees will be protected by the Worker Adjustment and Retraining Notification (WARN) law, even if employees have no right to keep jobs because of a downsizing of the corporate. This law guarantees that employees are informed of the dismissal with 60 days in advance (Stein, 1994), for that, Mrs. Lawson would need to prove that the corporate would have laid off over 33% of its full-time employees. In response and countersuing the corporate, Ms. Lawson uses the federal protection statute he Pregnancy Discrimination Act (P.D.A.) an amendment to Title VII of the Civil Rights Act of 1964. That protects an employee against discrimination based on pregnancy, childbirth, or related medical conditions, and constitutes unlawful sex discrimination under Title VI (McAdams, 2017).
Violating a bilaterally expressed confidentiality agreement, also known as the Non-Disclosure Agreement (N.D.A.), that McAdams (2017) defines as a legal contract that describes secret knowledge, material, or information, will be shared between the parties, restricting access of what is protected to a third party. Mrs. Lawson is subject to charges of criminal possession, Receipt, or Sale of stolen property, which classifies as theft an individual who receives, retains, or disposes of private property knowing or believing it has been stolen, depriving the owner (18 U.S. code § 1832 – Theft of trade secrets). Additionally, to violating the New Hampshire Uniform Trade Secrets Act (UTSA) that protects companies from misappropriation, the acquisition of trade secrets by improper means, and disclosure or use of a trade secret without consent (Stim, 2013).
- Exemplifying an analogous case in which the plaintiff alleges wrongful termination, I present the case of Smith v. FW Morse & Co., 901 F. Supp. 40 (D.N.H., 1995). Mrs. Smith (the plaintiff) alleges that F.W. Morse & Co. (defendant) discriminated against her based on pregnancy and the express intention of having more children in the future. F.W. Morse acquired Damar Plastic and Metal Fabrications, Inc. to resolve an inefficient management structure Maryann Guimond was hired as the new general manager at F.W. Morse, almost immediately started a complete overhaul of Damar’s management structure. Eliminating positions and restructuring the big picture. The plaintiff, who was on maternity leave and expressed a desire to have more children in the future, received a call from Guimond to inform that her job would be eliminated. The evidence establishes that Damar’s administrative structure’s downsizing began immediately after its acquisition by F.W. Morse. The court necessarily considers that the defendant proved that the legitimate commercial judgment motivated eliminating the plaintiff’s position and redistributed his functions within the present management structure. As during this case, our company also managed to demystify that Ms. Lawson was fired for her pregnancy, in common we’ve evidence that downsizing was answerable for the elimination of that position which there have been additional layoffs.
- The Union Nat. Life Ins. Co. v. Tillman, 143 F. Supp. 2d 638 (N.D. Miss. 2000) shows the breach of a confidentiality agreement. The Defendant, Tracy Tillman, employed by the Plaintiff, Union National life insurance Company, as an insurance seller, Tillman signed employment contracts that contained non-compete and non-disclosure clauses. Moreover, when he left the corporate, the contract had a clause that prohibited him from selling insurance for one year to his former Union National customers. Despite this, Tillman sold life insurance to a number of his former Union National clients on behalf of his new employer, a Union National competitor. The court concluded that Tillman was aware of and fully understood the non-compete and non-disclosure provisions in the contract, as set out in the clause he had a duty to refrain from using these secret transactions in the absence of Union National authorization.
Facts to be Determined
In order for us to proceed with the case, we will need the following documents:
- Copy of the contract between Mrs. Lawson and Greene, containing the information about the confidentiality agreement. a copy of the contract will be of utmost importance to prove that Ms. Lawson was aware of the agreement, additionally as what it might imply in its breach.
- Contract between Mrs. Lawson and Howell Jewelry World to evidence the referred to the leak of the ever-gold process.
- Declaration, on the other dismissals and elimination of Mrs. Lawson’s position, documentation on the downsizing. To demystify the accusation of unlawful termination, showing that the decision to eliminate the position was already taken.
18 U.S. code § 1832 – Theft of trade secrets. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/uscode/text/18/1832
McAdams, Tony. LAW, BUSINESS AND SOCIETY. McGraw-Hill US Higher Ed, 2017.
Richard Stim. New Hampshire trade secret law. (2013, May 28). www.nolo.com. https://www.nolo.com/legal-encyclopedia/new-hampshire-trade-secret-law.html
Smith v. FW Morse & Co., 901 F. Supp. 40 (D.N.H. 1995). (n.d.). Justia Law. https://law.justia.com/cases/federal/district-courts/FSupp/901/40/1530456
Stein, J. L. (1994). The Worker Adjustment Retraining and Notification Act (Warn): What Is the Meaning behind the Language. Seton Hall Legis. J., 19, 648.
Summers, C. W. (2000). Employment at will in the United States: The divine right of employers. U. Pa. J. Lab. & Emp. L., 3, 65.
Union nat. Life ins. Co. v. Tillman, 143 F. Supp. 2d 638 (N.D. Miss. 2000). (n.d.). Justia Law. https://law.justia.com/cases/federal/district-courts/FSupp2/143/638/2428718/
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