Jennifer Lawson’s employment was terminated from Howell Jewelry World, the following information has been collected. The employment agreement Ms. Lawson signed from Howell Jewelry World is brought in to question by Ms. Lawson claiming she was unlawfully terminated. She states that Howell wanted to gain access to the patented procedure for creating “Ever-Gold” that was the main product of her former employer Greene’s Jewelry. The contract terms were very clear and concise when Ms. Lawson was hired
Summarize the employment-at-will doctrine discussed in the text and then evaluate three (3) of the six (6) scenarios described. The employment-at-will doctrine is a legal rule that allows employers to fire employees for any or no reason at all. According to the text this legal rule developed in the nineteenth, providing theoretic support for employment-at-will doctrine. The economic philosophy is mainly based on the legal foundation of freedom of contract. The philosophy is based on the idea
“If it isn’t documented, it doesn’t exist,” is the common HR mantra. Documentation is the most critical part of any employee termination. Proper, consistent documentation of poor performance or problems will provide all the necessary facts and evidence for termination. Being able to clearly show a history of problems will avoid discrimination litigation, wrongful termination lawsuits and may even result in their unemployment insurance claim being denied. This is because workers who are terminated
With an employment contract, it is the responsibility of the employer to treat all employees fairly and terminate them only for a "good or just cause". Therefore, before an employer fires an employee, there is a need to check whether there is an employment contract (Mordsley & Wall,1983) The definition of a good or just cause is having a valid reason for discharging the employee
she signed a confidentiality agreement at Greene’s and agreed not to disclose any information regarding Greene’s process to create Ever-Gold. She disclosed the process of Ever- Gold to the Howell Jewelry the competitor of Greene’s Jewelry to gain employment. The Greene’s has maintained the process by Ever- Gold as a trade secret. Furthermore, Greene’s Jewelry requires all its administrators to sign the contract not to compete and confidentiality agreements. Additionally,
military duty, educational reasons, jury duty, and funerals. It is expected that each case will be considered on an individual basis. The necessity of maintaining operating conditions with minimum cost to Watler Accounting, and the individual’s employment history will be considered in all requests for leaves of absence. A leave of absence will be considered as any request for absence from work of three (3) or more consecutive working days. Leaves will
that; “Dismissal means that employee ended a contract of employment with or without warning because the employer made continued employment unbearable for the employee.” Termination of employment in these circumstance is known as a ‘constructive dismissal.’ Although the termination of employment occurs at the employee’s initiative, the law regards the termination as a dismissal since the conduct of the employer ‘forces’ the termination of employment. If a constructive dismissal is established, this does
this situation presents more of a challenge because Jeanette has already threatened to sue The Daily Register if they decide to terminate her employment. Therefore, this makes this case challenging, but one must ensure that all disciplinary policies have been properly executed in order to determine the next step to make in regards to Jeanette’s employment at The Daily Register. Mr. White is adamant that Jeanette should be fired due to her poor performance over the past six months. However,
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
as that termination didn’t violate any law or public policy. The employment at will gives enormous power to the employers to fire, to demote, and to transfer employees. Epstein’s arguments According to Richard A. Epstein (1994), the employment-at-will works for the mutual benefit of the employers and employees. He continues to mention that the position of employees and employers are even. Both employees and employers benefit from the employment at will. The firm must maintain the employment at will
annotated bibliography will discuss cites, summaries, evaluate the topics and provide reflection of the publications. Cite Wrongful termination: Take 6 steps to keep firings from burning you. (2012). HR Specialist: North Carolina Employment Law, 6(12), 4. Summarize: The study reviewed six stages to reduce an employer's undeserved termination practices. The at-will-employment-law states that an employer can terminate an employee at any time without proper reasoning. However; if the employee can prove
Task 4.2 Exit procedure An exit procedure might be initiated by an employee or an employer exit procedures ae important and necessary because it will explain the reason for ending the employee-employer whether it is a termination, retirement, or any other reason. An exit interview has three purposes: 1. to learn where the organization can improve itself 2. To make sure that employees leave feeling good as they can about their experience. 3. In some cases, to encourage the employee to stay under
Immediately following the meeting personnel files should be updated, agreements documented, and access to company premises and equipment shut down (Bernardin & Russell, 2013). The outline of the severance, benefits package, and outplacement services would be exceptional considering that Jeanette is being terminated for a minor infraction against company policy. Jeanette should first be offered an opportunity to voluntarily resign. An enhanced severance package should be paid based upon her time
MEMORANDUM TO: Cheryl Olsen, Legal Counsel for Greene’s Jewelry FROM: Kyle Hulce SUBJECT: Jennifer Lawson – Confidentiality Violation and Alleged Wrongful Termination DATE: September 26, 2018 CC: Lisa Peele, Head of Human Resources I. Memo Introduction: Greene’s Jewelry separated Jennifer Lawson, consistent and compliant with legislation related to protected classes under Title VII-PDA, FMLA, and ADA. Greene’s Jewelry was not acting in a discriminatory manner or giving any one individual preferential
This case involves a former Employee Development Specialist, employed by the Department of the Treasury who directed government contracts to her husband’s business. The employee and her husband were subsequently arrested and charged. Veronica Hardy-Everette was employed by the Department of the Treasury and was over the training needs of the department wherein she hired private sector companies to train government employees. After an investigation, it was determined that Hardy-Everette directed
Five employees was terminated improperly due to posting negative comments on Facebook social network, related to the workplace, remarks made by another colleague who had ridiculed their work productivity. They were employed by Hispanic United of Buffalo (HUB), an organization in upstate New York that provides social services to the low-income, they were terminated on October 12, 2010. After the offended party read the comments on Facebook she brought it to the attention of the HUB supervisor, which
Introduction Greene’s Jewelry is suing Ms. Jennifer Lawson for breach of a confidentiality agreement contract after her termination which was the result of a staff reduction of Greene’s Junior Executive Secretary positions. Greene contends that Ms. Lawson disclosed intellectual property to a competitor to gain employment and as retribution for what Ms. Lawson considers wrongful termination. Greene’s Jewelry has created a unique procedure for creating a synthetic gold-colored material called “Ever-Gold”
The movie Office Space portrays the different aspects of dissatisfaction and non-commitment from employees perceptive and experience in the work environment. Industrial- Organizational Psychology is the focus, on the application of different psychological and organizational issues that the employees encounter (Spector, 2011). Office Space explores many facets in the Industrial- Organizational (I/O), such as Organizational Commitment, Performance Appraisal, Psychological Testing, Physical working
Argument Summary judgment is appropriate when the moving party can show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Cecil v. Cardinal Drilling Co., 244 Mont. 405, 409, 797 P.2d 232, 234 (1990); Mont. R. Civ. P. 56(c). A material fact involves the elements of the cause of action or defenses at issue to an extent that necessitates resolution of the issue by a trier of fact. Arnold v. Yellowstone Mountain Club, LLC, 2004 MT 284
1-Introduction Companies that are working in new and different challenges within, in an increasingly complex landscape; the role of managers is even more critical to success. Maintaining managers and other key staff development and corporate objective is essential for development. Within companies are increasingly critical to the success of individuals. The need to improve talent development, succession planning, recruitment and retention to identify individuals at the heart of the appearance of