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 …show more content…
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. …show more content…
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
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As I mentioned earlier not everyone is aware of what The Family and Medical Leave Act is, what the law is for, and how it can be or should be used when they should if the company where they work employs more than 50 people. By law employers are supposed to inform all employees about FMLA. In the case of Jeffrey Angstadt verses Staples Contract and Commercial, Inc. Angstadt was wrongfully fired because he did not know about the FMLA and could not balance his work responsibilities and taking care of his ill wife.
I.QUESTION PRESENTED Can The Carson Dance Studio sue Kelly Morrison for a breach of the non compete clause in her employment contract? Can The Carson Dance Studio claim that Kelly Morrison misappropriated trade secrets? II.BRIEF ANSWER No.
The second trial I attended was a personal injury civil jury trial with Judge Carrier. This was a rather interesting case of Jennifer Wolfe VS D & W LLC. Within this case, Jennifer Wolfe attended a bachelorette party eight years ago with her now sister-in-law, who was the maid of honor. The story started out with everyone meeting at a house and the maid of honor was mad that the designated person to bring alcohol, forgot to bring the alcohol. The alcohol drank at this house was whatever was there, which was a few beers and a box of wine.
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Because Drake and Keeler employer meets the required standards for coverage under the LMRA through engaging in interstate commerce, the specific employee right protected by section 7 of the LMRA is that they have been wrongfully dismissed of their duties because of their protected and concerted activities. Sec. 7. [§ 157.] of LMRA offers protection to employees rights to self-organization, to be able to form, join or help labor organization to bargain collectively through various representations of their own choosing and also to engage in various concerted activities for the purpose of collective bargaining or other mutual aid protection and shall also have the right to refrain from any or all of such activities except for actions that are
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