The following memorandum has been produced in order to articulate the strengths of Greene’s Jewelry’s legal claim, as well as the strengths of the company’s defense against charge. The aforementioned legal claim is in regards to the termination of former Junior Executive Secretary Jennifer Lawson, and her breach of confidentiality agreement. Jennifer was required to sign a confidentiality agreement when she was hired by the company. The confidentiality agreement stated she would never disclose any information that she might acquire from Greene’s regarding the process used to create Ever-Gold. Jennifer clearly violated the confidentiality agreement when she provided confidential information about the Ever-Gold process to Howell …show more content…
Mellon Corp. is a case which also involved a wrongful termination claim on the grounds of pregnancy discrimination. The Bank of N.Y. Mellon Corp. (defendant) dismissed the complaint of pregnancy discrimination on the basis that the plaintiff was unable to make a “prima facie” case that she was discriminated against on the ground that she was pregnant. The defendant argued that had the plaintiff been able to establish a prima facie of discrimination, the bank provided a justifiable reason for the plaintiff’s termination. The defendant reasoned they had terminated five other non-pregnant women and two men, as well as the plaintiff, during a department-wide reorganization plan. In conclusion, the Court determined that the defendant presented reasonable, non-discriminatory reasons for the termination of the plaintiff (Carbonara v Bank of N.Y. Mellon Corp., …show more content…
Did Greene’s plan to downsize prior to knowledge of her pregnancy? How many employees were terminated as a result of downsizing? How many Junior Executive Secretaries did the company employ? How many Junior Executive Secretaries were terminated along with Jennifer? Were any of the Junior Executive Secretaries pregnant?
Facts that still need to be determined for the lawsuit against Jennifer Lawson’s breach of confidentiality agreement include: The exact terms agreed upon in the confidentiality agreement, and how much compensation Greene’s Jewelry will be allotted.
Facts to be Determined: Establish It will be important to learn the answers of the questions presented in the prior section. These are important facts to learn in order to assist Greene’s Jewelry in it’s defense of former employee Jennifer Lawson’s wrongful termination lawsuit, as well as in the breach of confidentiality lawsuit against Lawson. The defense of Lawson’s pregnancy discrimination claim will be assisted if it can be determined that Greene’s had planned to eliminate Lawson’s position prior to knowledge of her pregnancy. The defense will also be reinforced if it can provide information that shows there were multiple non-pregnant Junior Executive Secretaries who were terminated during the company