Jennifer Greene's Jewelry Wholesale Case Study
To examine the relevant facts and legal authorities with the aim of representing Greene's Jewelry Wholesale in a suit brought by them against Jennifer Lawson and Howell Jewelry World.
Was Jennifer Lawson employment terminated lawfully at Greene’s Jewelry Wholesale?
In light of the confidential information available to her, is Jennifer Lawson culpable for breach of the confidentiality agreement?
Equally, is Jennifer Lawson culpable for breach of covenant not to compete?
A. Facts and laws
Our esteemed client, Greene’s Jewelry Wholesale, is a high-end costume jewelry manufacturing and distribution company, former employer of the defendant Jennifer Lawson and commercial competitors with Howell Jewelry World. Prior to …show more content…
v. Hobert, 923 A.2d 1076 (N.H. 2007) taking cognizance of the prevailing conditions (Shilling, 2015). Equally, the non-compete agreements are articulated under RSA (New Hampshire Revised Statutes Annotated) 275:70 as the main governing statutory authority. Fundamentally, ACAS creates a three-pronged condition necessary to enforce a non-compete agreement (Shilling, 2015). Firstly, the employer must satisfactorily demonstrate that the non-compete agreement is critical and necessary in the protection of the legitimate commercial interests of the employer. Secondly, the employer must attest that the restrictions imposed by the non-compete agreement does not impose an undue hardship on the intended employee (Shilling, 2015). Thirdly, it is inherent that the employer establishes that the restrictions contained therein in the non-compete agreement does not offend the doctrine of public interest (Shilling, …show more content…
Further, our client had regarded Jennifer Lawson to be professional, articulate, diligent, and skilled in her role with the company. Identically, Jennifer Lawson had sent a draft letter to Greene's intellectual property attorney, which contains the secret process for creating Ever-Gold. During her course of her employment, Jennifer Lawson had signed both non-compete and confidentiality covenants. After her termination of employment following the ongoing downsizing exercise at Greene’s Jewelry Wholesale, Jennifer Lawson sought employment at Howell Jewelry World who is Greene’s Jewelry Wholesale competitors. To increase her chances of securing employment at Howell Jewelry World, Jennifer Lawson promises to disclose confidential information without knowledge and authority from Greene’s Jewelry Wholesale. Currently, Jennifer Lawson works as a sales associate for Triumph Jewels which is also a competitor with Greene’s Jewelry