Description
Submit your completed memorandum for Final Project Part I. It should be a complete, polished artifact containing all of the critical elements of the final product. It should reflect the incorporation of feedback gained throughout the course. For additional details, please refer to the Final Project Part I Document in the Assignment Guidelines and Rubrics section of the course.
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Explanation & Answer
Attached.
Running head: BUSINESS LAW
1
Business Law
Name
Institution
BUSINESS LAW
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Business Law
To: Management of Greene’s Jewelry Wholesale LLC
From: Legal Intern
Date: 11/8/2016
Subject: Legal Issues in the Case against Jennifer
Introduction
Greene’s company in the case is aggrieved and it is important to sue the former employee as she
exposed a trade secret that was important to the company. Trade secrets are attributed to the
processes of manufacturing or invention and at times are patented while in other cases they are
not patented. In the case of Greene the company strengths are present in seeking for justice as the
secret of manufacturing the jewelry was patented. It means that the company is protected against
any theft that might occur (Krauspenhaar, 2014).
The patent is considered an asset for the company, as the period of use is determined within
which any other company is not allowed to use the secret used in manufacturing. Jennifer signed
a confidentiality contract and then goes ahead and gives the competitor information of the
processes that the Greene Company is using. She breached a contract and the company has the
right to sue her, as there is the evidence that the information was well relayed to her.
IIA Facts and Law
Unlawful Termination
Jennifer is suing the company for wrongful termination of her duties and the federal law is
known to protect the employees against any discrimination in the workplace. The employees are
protected against discrimination in respect to color, race, sex, disability, religion, nationality, age
BUSINESS LAW
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and pregnancy (Swain, 2015). Jennifer falls under this category as she feels that she was
terminated because of her pregnancy. The defense that Greene’s company could use in this case
is that the performance of the employee was exemplary but at the same time she had d isciplinary
issues of coming in late.
Contract Issues
Contracts are very important when it comes to employment. It is an enforcement of an agreement
that the employee and the employer have entered into (Swain, 2015). Jennifer signed a
confidentiality agreement when she joined the company that stated that the secrets of the
company should not be disclosed. She breached the contract when she gave the information to
Howell Company. The breach of the contract in regard to the company has legal implications
where the company can sue Jennifer for the damages caused to their company.
Laws
The law of employment governs the duties and the rights between the workers and the
employers. It ensures that the workers working environment is safe and that the interests of the
employers are protected. The law on employment is based on the constitution and federal laws of
the state, opinion of the courts, legislation and rule on administration (Andrews, 2016).
Relationships in employment are also governed by contracts an example is the relationship
between Jennifer and the Company. The contract and the law regulate the working hours terming
that it is unlawful to be paid wages for a certain amount of time while the employee gives the
employer less hours.
BUSINESS LAW
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B. Precedent
Unlawful Termination
Fair Work Commission advances that it is unfair to fire the employee on the ground that they
were late on the first instance, but when it becomes a habit the company has a right to dismiss
them. In the case of an employee who worked at the wedding shop that sold gowns, she showed
up late and not in continuous days and it was ruled that it was unfair dismissal on her part but if
she made it a habit of coming to work late every...
