Reference no: EM131589238
SCENARIO: Mary Jane and Allen Greene, a married couple, own a high-end costume jewelry manufacturing and distribution company called Greene's Jewelry Wholesale, LLC. The principal place of business for Greene's Jewelry is in Derry, New Hampshire, where it owns a warehouse and two storefronts. Originally started in 1957, the company has expanded over five decades, and it now employs 502 individuals in a variety of departments, including sales and marketing, research and development, human resources, and manufacturing.
The primary asset of Greene's Jewelry is its process for creating a synthetic gold-colored material called "Ever-Gold," which is used in Greene's necklaces, rings, earrings, and bracelets. Ever-Gold is impervious to scratches, discoloration, and oxidization and is marketed as "everlasting gold." Greene's maintains this process as a trade secret.
Jennifer Lawson, who has been employed for three years as a junior executive secretary in the research and development department at Greene's Jewelry, has just learned that she is pregnant. She has earned high marks on each of her annual reviews with the company, with the exception that she routinely shows up 15 to 30 minutes late for work. Otherwise, she is deemed to be professional, articulate, diligent, and skilled in her role with the company. When Lawson advises the head of human resources, Lisa Peele, that she may have to take additional time off as a result of some high-risk factors that she will face during the course of her pregnancy, she is told that her position has been eliminated. The specific words are: "Congratulations, Jennifer! That is exciting news for you. We do not need to worry about time off, though, because, regrettably, I was just going to let you know that we are downsizing and no longer have a need for any of our junior executive secretaries."
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 Greene's intellectual property attorney that details the secret process for creating Ever-Gold.
Although Greene's 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 Greene's regarding the process used to create Ever-Gold.
Panicked, and knowing that she needs a job, she calls one of Greene's competitors, Howell Jewelry World, and advises its hiring manager that she is a former employee of Greene's, that she needs a job, and that she has confidential information about Ever-Gold that would help Howell compete with Greene's.
Greene's sues Jennifer for breach of the confidentiality agreement when it learns that she has given confidential information to Howell. Jennifer counter-sues Greene's for wrongful termination.
PLEASE WRITE A 4-5 PAGE MEMORANDUM 12 FONT TIMES NEW ROMAN. PLEASE SITE YOUR SOURCES USING APA FORMAT.
1. Application of the Law to the Facts: Using the precedents you have selected in case law, regulations, and substantive law, assess the strengths and weaknesses of your company's arguments in court. Is it probable your company will win this legal dispute?
2. Impact Assessment
Based on your analysis, how do you believe this situation may affect public perception of your selected company? Will the public discourse reflect possible legal outcomes? Be sure to use specific examples.
Make suggestions on how to alleviate any damages to your selected company's public perception going forward. Will action(s) related to the other party be appropriate?
Recommend how the company should modify specific business practices to avoid similar situations in the future.