MEMORANDUM
TO:
Cheryl Olsen, Legal Counsel for Greene’s Jewelry
FROM:
Kyle Hulce
SUBJECT:
Jennifer Lawson – Confidentiality Violation and Alleged Wrongful Termination
DATE:
September 26, 2018
CC:
Lisa Peele, Head of Human Resources
Application of the Law to the Facts:
The Captain Co. v. Towne case showed us that it is an inextricable requirement to prove that the information the plaintiff seeks to protect must be unique to that particular organization and not general knowledge acquired working within an industry. (CAPTAIN AND COMPANY, Inc. v. Henry TOWNE and Towne, Inc., 1980) As previously discussed, the Uniform Trade Secrets Act and the New Hampshire iteration of the Uniform Trade Secrets Act and its definitions confirm that Ever-Gold is …show more content…
Quite often it can have considerable effects. The CEO of Signet Jewelers, for instance, resigned amidst the scandal and the trial; their stocks fell considerably in that period. Signet Jewelers ultimately received summary judgment upon appeal, but the damage to their reputation and holdings was significant. (Harwell, 2017) Wal-Mart has been under fire for many things; low employee compensation, predatory practices with vendors, and in their most recent lawsuit, a severe disparity in pay between men and women. (Walsh, 2011) While the counter-suit by Ms. Lawson is not related to sex discrimination, the public tends to view discrimination against pregnant people as such. The public may be concerned that a company who sells jewelry which is primarily marketed to women might be enforcing an incongruent policy regarding pregnant employees. It is unlikely that the public discourse will affect the outcome of the case as the support from precedents, regulations, and the like, substantiate the decisions Greene’s Jewelry made. Nevertheless, much like with Signet Jewelers, the company’s reputation will sustain damage for the time …show more content…
E., Cosway, R., & Dole, R. F. (1985). UNIFORM TRADE SECRETS ACT. In A. B. Association (Ed.), NATIONAL CONFERENCE OF COMMISSIONERS (pp. 1-17). Minneapolis: NATIONAL CONFERENCE OF COMMISSIONERS.
GUDENKAUF, v. STAUFFER COMMUNICATIONS, No. 94-4228-SAC. (United States District Court, D. Kansas. August 30, 1996). Retrieved March 17, 2018, from https://scholar.google.com/scholar_case?case=1979095058389767281&q=Gudenkauf+V.+Stauffer&hl=en&as_sdt=6,48
Kleiman, L. S., & Kass, D. S. (2004). JUSTIFYING PREGNANCY-RELATED EMPLOYMENT DECISIONS UNDER THE PREGNANCY DISCRIMINATION ACT. J. INDIVIDUAL EMPLOYMENT RIGHTS, 11(3), 229-238.
Manning Magid, J. (2016). Cloaking: Public Policy and Pregnancy. American Business Law Journal, 53(3), 439-485.
McAdams, T., Zucker, K. D., & Neslund, N. (2015). Law, Business, & Society (11th ed.). New York City: McGraw-Hill Higher Education.
McDONNELL DOUGLAS CORP. v. GREEN, No. 72-490 (Supreme Court of United States May 14, 1973). Retrieved March 17, 2018, from https://scholar.google.com/scholar_case?case=4011882228792863251&q=mcdonnell+douglas+framework&hl=en&as_sdt=6,48
TITLE XXXI TRADE AND COMMERCE UNIFORM TRADE SECRETS ACT, CHAPTER 350-B (New Hampshire January 1, 1990). Retrieved March 18, 2018, from
TO:
Cheryl Olsen, Legal Counsel for Greene’s Jewelry
FROM:
Kyle Hulce
SUBJECT:
Jennifer Lawson – Confidentiality Violation and Alleged Wrongful Termination
DATE:
September 26, 2018
CC:
Lisa Peele, Head of Human Resources
Application of the Law to the Facts:
The Captain Co. v. Towne case showed us that it is an inextricable requirement to prove that the information the plaintiff seeks to protect must be unique to that particular organization and not general knowledge acquired working within an industry. (CAPTAIN AND COMPANY, Inc. v. Henry TOWNE and Towne, Inc., 1980) As previously discussed, the Uniform Trade Secrets Act and the New Hampshire iteration of the Uniform Trade Secrets Act and its definitions confirm that Ever-Gold is …show more content…
Quite often it can have considerable effects. The CEO of Signet Jewelers, for instance, resigned amidst the scandal and the trial; their stocks fell considerably in that period. Signet Jewelers ultimately received summary judgment upon appeal, but the damage to their reputation and holdings was significant. (Harwell, 2017) Wal-Mart has been under fire for many things; low employee compensation, predatory practices with vendors, and in their most recent lawsuit, a severe disparity in pay between men and women. (Walsh, 2011) While the counter-suit by Ms. Lawson is not related to sex discrimination, the public tends to view discrimination against pregnant people as such. The public may be concerned that a company who sells jewelry which is primarily marketed to women might be enforcing an incongruent policy regarding pregnant employees. It is unlikely that the public discourse will affect the outcome of the case as the support from precedents, regulations, and the like, substantiate the decisions Greene’s Jewelry made. Nevertheless, much like with Signet Jewelers, the company’s reputation will sustain damage for the time …show more content…
E., Cosway, R., & Dole, R. F. (1985). UNIFORM TRADE SECRETS ACT. In A. B. Association (Ed.), NATIONAL CONFERENCE OF COMMISSIONERS (pp. 1-17). Minneapolis: NATIONAL CONFERENCE OF COMMISSIONERS.
GUDENKAUF, v. STAUFFER COMMUNICATIONS, No. 94-4228-SAC. (United States District Court, D. Kansas. August 30, 1996). Retrieved March 17, 2018, from https://scholar.google.com/scholar_case?case=1979095058389767281&q=Gudenkauf+V.+Stauffer&hl=en&as_sdt=6,48
Kleiman, L. S., & Kass, D. S. (2004). JUSTIFYING PREGNANCY-RELATED EMPLOYMENT DECISIONS UNDER THE PREGNANCY DISCRIMINATION ACT. J. INDIVIDUAL EMPLOYMENT RIGHTS, 11(3), 229-238.
Manning Magid, J. (2016). Cloaking: Public Policy and Pregnancy. American Business Law Journal, 53(3), 439-485.
McAdams, T., Zucker, K. D., & Neslund, N. (2015). Law, Business, & Society (11th ed.). New York City: McGraw-Hill Higher Education.
McDONNELL DOUGLAS CORP. v. GREEN, No. 72-490 (Supreme Court of United States May 14, 1973). Retrieved March 17, 2018, from https://scholar.google.com/scholar_case?case=4011882228792863251&q=mcdonnell+douglas+framework&hl=en&as_sdt=6,48
TITLE XXXI TRADE AND COMMERCE UNIFORM TRADE SECRETS ACT, CHAPTER 350-B (New Hampshire January 1, 1990). Retrieved March 18, 2018, from