What are the legal issues

Sep 5th, 2017
Anonymous
Category:
History
Price: $15 USD

Question description

  1. What are the legal issues? (Did Robin adhere to all the terms of the employment agreement? What parts of the employment agreement is the company concerned Robin will not adhere to in the future based on her actions before leaving? ) Be sure to set out your issues in question format, and in detail.
  2. How do you believe a court will rule on the legal issues? Start by stating what you would believe the court would rule for each of the legal issues you have set out in #2. Then discuss your reasoning in coming to this decision for each of the issues. I am looking for you to discuss the law(s) and apply them to the facts of the case. Be clear in your reasoning, and detailed in your discussion.

The business you created is a viable and legally conducting business in the state of Florida. For this week, review the following situation and determine the best steps to take given your understanding of this week’s introduction to contract law. Assume you have been in operation for two years now and that your business has developed a significant customer base. You have been hiring employees for key sales/marketing executive management positions, and thankfully, you had an ace attorney at the start of your business who created a great employee manual as well as employment agreements that included non-compete and non-disclosure provisions to protect your trade secrets and other intellectual property (to be discussed in week 6). You learn that Robin Steele, one of your key sales managers, has given her two week notice and she is going to be working for your primary competitor, Raiders, Inc., located 30 miles from your office. You immediately pull Robin into your office to ask her about the situation and go over the employment agreement. Robin confirms that she did accept the position with Raiders, Inc. You thank Robin for her honesty, and ask how the change in employment came to be. You also provide Robin a copy of her employment agreement with the non-disclosure and non-compete provisions highlighted. You want to make sure Robin understands that she may not take any clients or client information with her to Raiders, Inc., and that, unfortunately, you will have no choice but to enforce the non-compete provision. You then advise Robin there is no need for her to complete the two weeks, and obtain her office keys, giving her 15 minutes to clear out her belongings. You contact security to escort Robin to her office and oversee the situation. Security makes sure Robin does not use her computer which your crack IT department has already disabled. Robin leaves without incident and you place a call to your attorney. However, once your IT department has an opportunity to review Robin’s entry and use log it finds that Robin downloaded the customer lists, as well as other key company information onto a thumb drive one week prior to his departure. You also learn that Robin was copying her personal email each time she emailed a customer, and that she has sent emails to other employees in your company encouraging them to follow her to Raiders, Inc. for new employment. Robin has been with the company since its inception and has therefore been instrumental in forming a bond and trust with your customers so you are concerned about the financial impact this situation will have on your business.

Tutor Answer

(Top Tutor) peachblack
School: University of Maryland
PREMIUM TUTOR

Please find attached. Thank you.

Outline
I.

Introduction

II.

Conclusion

III.

References


Running Head: EMPLOYMENT AGREEMENT

Employment Agreement
Name
Professor
Institution
Course
Date

1

EMPLOYMENT AGREEMENT

2
Employment Agreement
Question One

The employee in the case study was leaving for another company but did not adhere to
the contract of employment set by the firm. From the case study, Robin went against the
employment agreement when she was leaving for the company's primary competitor. In this
case, no employee should carry with him or her any information related to business organizations
or customers to the other where they start working. However, the IT department found out that
she had downloaded lists of customers and their details (Kickul & Lester, 2001). Also, Robin
was not transparent in her operations since she used to back up her emails that she sent to
cu...

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