12 May IDENTIFY THE OPERATIVE EMPLOYMENT AND CONTRACT LAWS THAT APPLY TO YOUR COMPANYS CASE.
Jennifer is distraught and immediately returns to her desk to clear it out as instructed. She removes all of her personal items as well as the projects she was working on prior to her discussion with Lisa Peele. When she returns to her home she realizes that she has inadvertently taken a draft letter to Greenes intellectual property attorney that details the secret process for creating Ever-Gold.
Although Greenes Jewelry requires all of its executives to sign covenants not to compete and confidentiality agreements Jennifer was only required to sign a confidentiality agreement by which she agreed never to disclose any information that she might acquire from Greenes regarding the process used to create Ever-Gold.
Panicked and knowing that she needs a job she calls one of Greenes competitors Howell Jewelry World and advises its hiring manager that she is a former employee of Greenes that she needs a job and that she has confidential information about Ever-Gold that would help Howell compete with Greenes.
Greenes sues Jennifer for breach of the confidentiality agreement when it learns that she has given confidential information to Howell. Jennifer counter-sues Greenes for wrongful termination.
Specifically the following critical elements must be addressed:
Memo Introduction: Articulate what you feel are the strengths of your companys legal claim or defense.
1. Analyze the facts related to employment discrimination or unlawful termination based on your companys perspective. 2. Analyze the facts related to contract issues based on your companys perspective.
2. Identify the operative employment and contract laws that apply to your companys case. B. Preceden
3. Select cases that support your companys position in terms of employment discrimination or unlawful termination. Justify why they support its case.
4. Select cases that support your companys position in terms of contract disputes. Justify why they support its case.
Determine any facts that will help you better analyze your companys position. In other words what questions do you need answered before you can proceed?
Explain how the identified facts will help establish the legal rights and/or obligations of the defendant in relation to your company. In other words how would those facts reflect on the propriety and legality of the decisions that were made?
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