Memorandum of Law
TO: Greene’s Jewelry Legal Counsel
FROM: Jana Johnson
RE: Jennifer Lawson-Unlawful Termination and Breach of Confidentiality
DATE: November 4, 2016
INTRODUCTION
Jennifer Lawson has filed suit for wrongful termination and Greene’s Jewelry has filed suit for breach of confidentiality. The case will require Greene’s Jewelry to defend its innocence and prove that it was within its legal rights to terminate Ms. Lawson and in turn, file suit for breach of confidentiality based upon her actions after her employment with Greene’s Jewelry.
Greene’s Jewelry was within its rights to terminate its employment relationship with Jennifer Lawson based upon at-will employment and the financial strategy used to maintain its ability to remain …show more content…
Lawson for breach of confidentiality and disclosure of trade secrets to one of its competitors, Howell Jewelry World. Ms. Lawson had signed a confidentiality agreement but not a non-compete agreement. At the time of accepting employment, Ms. Lawson was of able mind, of an age to enter a legal contract and had understanding of employment contingent upon her signing the confidentiality agreement. Her employment with Howell Jewelry World is not contested but the trade secrets that Ms. Lawson has allegedly passed along is contested. She had access to and received trade secrets for a patented process based upon her position as a junior executive secretary in the R&D department at Greene’s …show more content…
Ms. Lawson’s performance reports show tardiness as the only negative factor. The company had no knowledge that Ms. Lawson was pregnant prior to her conversation with Ms. Peele when she was notified of the downsizing. Ms. Lawson had signed a confidentiality agreement as a condition of her employment. By only maintaining Ms. Lawson’s employment and no other junior executive secretary, it would create a hardship upon the company. It could have also opened the company to additional legal action to the downsizing process if they only maintained a certain number of junior executive secretary positions. In addition, her current medical status had no influence on the decision to eliminate only one type of job position. Seniority was not a factor in the downsizing process. There were no other comparable positions available to transfer Ms. Lawson. As an at-will employment state, long term employment is not guaranteed either implicitly or via casual conversation. At no time during her performance reviews is it documented or implied that she was guaranteed long term employment at or for Greene’s
TO: Greene’s Jewelry Legal Counsel
FROM: Jana Johnson
RE: Jennifer Lawson-Unlawful Termination and Breach of Confidentiality
DATE: November 4, 2016
INTRODUCTION
Jennifer Lawson has filed suit for wrongful termination and Greene’s Jewelry has filed suit for breach of confidentiality. The case will require Greene’s Jewelry to defend its innocence and prove that it was within its legal rights to terminate Ms. Lawson and in turn, file suit for breach of confidentiality based upon her actions after her employment with Greene’s Jewelry.
Greene’s Jewelry was within its rights to terminate its employment relationship with Jennifer Lawson based upon at-will employment and the financial strategy used to maintain its ability to remain …show more content…
Lawson for breach of confidentiality and disclosure of trade secrets to one of its competitors, Howell Jewelry World. Ms. Lawson had signed a confidentiality agreement but not a non-compete agreement. At the time of accepting employment, Ms. Lawson was of able mind, of an age to enter a legal contract and had understanding of employment contingent upon her signing the confidentiality agreement. Her employment with Howell Jewelry World is not contested but the trade secrets that Ms. Lawson has allegedly passed along is contested. She had access to and received trade secrets for a patented process based upon her position as a junior executive secretary in the R&D department at Greene’s …show more content…
Ms. Lawson’s performance reports show tardiness as the only negative factor. The company had no knowledge that Ms. Lawson was pregnant prior to her conversation with Ms. Peele when she was notified of the downsizing. Ms. Lawson had signed a confidentiality agreement as a condition of her employment. By only maintaining Ms. Lawson’s employment and no other junior executive secretary, it would create a hardship upon the company. It could have also opened the company to additional legal action to the downsizing process if they only maintained a certain number of junior executive secretary positions. In addition, her current medical status had no influence on the decision to eliminate only one type of job position. Seniority was not a factor in the downsizing process. There were no other comparable positions available to transfer Ms. Lawson. As an at-will employment state, long term employment is not guaranteed either implicitly or via casual conversation. At no time during her performance reviews is it documented or implied that she was guaranteed long term employment at or for Greene’s