Jewelry Wholesale V. Jennifer Lawson For Breach Of Contract

Memorandum

To: Attorney of Jennifer Lawson

From: Jackson Biegler

Date: September 19, 2017

Re: Greene’s Jewelry Wholesale v. Jennifer Lawson for Breach of Contract

1) Memo Introduction

a) Greene’s legal claim against Ms. Lawson is supported by a confidentiality agreement that was signed by Ms. Lawson at the very beginning of her employment at Greene’s Jewelry Wholesale. Ms. Lawson agreed not to disclose any processes that she was going to learn at Greene’s, including ever-gold, by signing the agreement. Also, Ms. Lawson has a long history of being late, which was overlooked with her quality of work.

2) Client’s Case

a) Facts and Laws

i) Unlawful Termination: During her time with Greene’s, Ms. Lawson was deemed a professional within the walls

While on Family Medical Leave, the employer must retain the group health benefits and the employee has the right to be reinstated when the leave has ended. New Hampshire law also gives employees time off while temporarily disabled for employees of companies with 6 or more employees must comply. (http://research.lawyers.com/new-hampshire/employment-law-in-new-hampshire.html). Additionally, New Hampshire has also adopted a version of the Uniform Trade Secrets Act refers to revealing trade secrets as fraud (http://www.nolo.com/legal-encyclopedia/new-Hampshire-trade-secret-law.html). Lastly, New Hampshire is an employee-at-will state indicating that if there is no employment contract, the relationship can be terminated for any reason assuming it is not illegal.

v. Hansen: The court ruled that the defendant has indeed revealed trade secrets to a competitor. The actions described by Wilcox show that they took precautionary steps to dissuade the information regarding their products and Hansen should not have revealed the information, knowing it was wrong (https://www.leagle.com/decision/infdco20120508852).

(2) PC Connection v. Price: The court ruled that the defendant has indeed revealed to a competitor. The actions described by PC Connection show that they properly entered into a contract to deter information regarding their software and customer lists from being shared with a competitor and that Price indeed breached the deal.

(3) These cases demonstrate that Greene’s position regarding breach of contract should be upheld due to a fundamental difference than the cases mentioned above. In Greene’s Case, they had Ms. Lawson sign a confidentiality agreement that was disregarded by the defendant. Although the accused became distraught with the loss of her position, it was wrong to relay the information regarding ever-gold to a competitor.

c) Facts to be