MBA 610 Final Project Part I, Milestone One Guidelines and Rubric
Overview: For Final Project Part I of this course, you will create a memorandum. In Milestone One, submit your Memo Introduction, Facts and Laws, Precedent,
and Facts to be Determined sections (Sections I, IIA and IIB, and IIC) of the memorandum.
Prompt: In the Memo Introduction section, articulate what you feel are the strengths of your company's legal claim or defense. In the Facts and Laws section,
analyze the facts related to employment discrimination or unlawful termination based on your company's perspective. In the Precedent section, select cases that
support your company's position in terms of employment discrimination or unlawful termination. Justify why they support its case. In the Facts to be Determined
section, determine any facts that will help you better analyze your company's position. Make sure to incorporate the feedback you receive on this assignment
into your final submission.
You are an intern at the legal department at one of the companies in the following scenario (Greene or Howell) and tasked with compiling a memo for your
supervisor, which will be used to formulate an official executive brief of these lawsuits.
Scenario
Mary Jane and Allen Greene, a married couple, own a high-end costume jewelry manufacturing and distribution company called Greene's Jewelry Wholesale,
LLC. The principal place of business for Greene's Jewelry is in Derry, New Hampshire, where it owns a warehouse and two storefronts.
Originally started in 1957, the company expanded over five decades, and it now employs 502 individuals in a variety of departments, including sales and
marketing, research and development, human resources, and manufacturing.
The primary asset of Greene's Jewelry is its patented process for creating a synthetic gold-colored material called "Ever-Gold," which is used in Greene's
necklaces, rings, earrings, and bracelets. Ever-Gold is impervious to scratches, discoloration, oxidization, and is marketed as "everlasting gold."
Jennifer Lawson, who has been employed for three years as a junior executive secretary in the research and development department at Greene's Jewelry, has
just learned that she is pregnant. She has earned high marks on each of her annual reviews with the company, with the exception of the fact that she routinely
shows up 15 to 30 minutes late for work. Otherwise, she is deemed to be professional, articulate, diligent, and skilled in her role with the company. When Lawson
advises the head of human resources, Lisa Peele, that she may have to take additional time off as a result of some high-risk factors that she will face during the
course of her pregnancy, she is told that her position has been eliminated. The specific words are: "Congratulations Jennifer! That is exciting news for you. We do
not need to worry about time off, though, because, regrettably, I was just going to let you know that we are downsizing and no longer have a need for any of our
junior executive secretaries."
Jennifer is distraught, and immediately returns to her desk to clear it out as instructed. She removes all of her personal items, as well as the projects she was
working on prior to her discussion with Lisa Peele. When she returns to her home, she realizes that she has inadvertently taken a draft letter to Greene's patent
attorney, which details the secret process for creating Ever-Gold.
Although Greene's Jewelry requires all of its executives to sign covenants not to compete and confidentiality agreements, Jennifer was only required to sign a
confidentiality agreement, by which she agreed never to disclose any information that she might acquire from Greene's regarding the process used to create
Ever-Gold.
Panicked, and knowing that she needs a job, she calls one of Greene's competitors, Howell Jewelry World, and advises its hiring manager that she is a former
employee of Greene's, that she needs a job, and that she has confidential information about Ever-Gold that would help Howell compete with Greene's. The
hiring manager at Howell, Naomi White, schedules an interview with Jennifer for the following day.
At the end of the interview, Naomi makes an offer to Jennifer to begin work with Howell immediately, but she conditions the offer on Jennifer's execution of an
employment contract. The contract contains two specific provisions that Naomi insists Jennifer read and initial, in addition to signing the contract as a whole. One
of those provisions states that Jennifer will disclose the information she has regarding the Ever-Gold process prior to commencing work with Howell. The other
provision is a covenant to not work for any competitor of Howell for two years after she leaves the employ of Howell, irrespective of the reason for leaving, and
whether she quits or is fired. Jennifer initials both of the provisions, signs the contract for employment, and gives Naomi a copy of the letter that she removed
from her desk at Greene's.
One week after she starts working with Howell, Jennifer is fired for chronic tardiness, and she thereafter gets a job working as a sales associate with the only
other jewelry company in town, Triumph Jewels.
Meanwhile, Greene's learns that Howell has acquired knowledge of the secret process used to create Ever-Gold, and that Howell has tweaked the process slightly
so as to avoid any patent infringement issues but to still create a product with similar characteristics and qualities of Ever-Gold. Howell, for its part, has learned
that Jennifer is working for a competitor and fears that Jennifer will disclose the process to Triumph. Finally, one of Howell's customers had developed a
disfiguring rash as a direct result of the new process Howell has begun using in its jewelry.
Greene's sues Jennifer for breach of the confidentiality agreement when it learns that she has given confidential information to Howell. Jennifer counter-sues
Greene's for wrongful termination. Howell sues Jennifer for breach of the covenant not to compete, and Jennifer counter-sues for fraudulent inducement,
believing that she was tricked into signing the employment contract with Howell and that Howell was never interested in hiring her, but was interested only in
acquiring information on the process to create Ever-Gold. Howell also sues Triumph, claiming that knew or should have known that Jennifer was subject to a
covenant not to compete, and that Triumph should therefore be bound by its provisions.
Specifically, the following critical elements must be addressed:
1.
Memo Introduction: Articulate what you feel are the strengths of your company's legal claim or defense.
II.
Client's Case
A. Facts and Laws
1. Analyze the facts related to employment discrimination or unlawful termination based on your company's perspective.
2. Analyze the facts related to contract issues based on your company's perspective.
Although Greene's Jewelry requires all of its executives to sign covenants not to compete and confidentiality agreements, Jennifer was only required to sign a
confidentiality agreement, by which she agreed never to disclose any information that she might acquire from Greene's regarding the process used to create
Ever-Gold.
Panicked, and knowing that she needs a job, she calls one of Greene's competitors, Howell Jewelry World, and advises its hiring manager that she is a former
employee of Greene's, that she needs a job, and that she has confidential information about Ever-Gold that would help Howell compete with Greene's. The
hiring manager at Howell, Naomi White, schedules an interview with Jennifer for the following day.
At the end of the interview, Naomi makes an offer to Jennifer to begin work with Howell immediately, but she conditions the offer on Jennifer's execution of an
employment contract. The contract contains two specific provisions that Naomi insists Jennifer read and initial, in addition to signing the contract as a whole. One
of those provisions states that Jennifer will disclose the information she has regarding the Ever-Gold process prior to commencing work with Howell. The other
provision is a covenant to not work for any competitor of Howell for two years after she leaves the employ of Howell, irrespective of the reason for leaving, and
whether she quits or is fired. Jennifer initials both of the provisions, signs the contract for employment, and gives Naomi a copy of the letter that she removed
from her desk at Greene's.
One week after she starts working with Howell, Jennifer is fired for chronic tardiness, and she thereafter gets a job working as a sales associate with the only
other jewelry company in town, Triumph Jewels.
Meanwhile, Greene's learns that Howell has acquired knowledge of the secret process used to create Ever-Gold, and that Howell has tweaked the process slightly
so as to avoid any patent infringement issues but to still create a product with similar characteristics and qualities of Ever-Gold. Howell, for its part, has learned
that Jennifer is working for a competitor and fears that Jennifer will disclose the process to Triumph. Finally, one of Howell's customers had developed a
disfiguring rash as a direct result of the new process Howell has begun using in its jewelry.
Greene's sues Jennifer for breach of the confidentiality agreement when it learns that she has given confidential information to Howell. Jennifer counter-sues
Greene's for wrongful termination. Howell sues Jennifer for breach of the covenant not to compete, and Jennifer counter-sues for fraudulent inducement,
believing that she was tricked into signing the employment contract with Howell and that Howell was never interested in hiring her, but was interested only in
acquiring information on the process to create Ever-Gold. Howell also sues Triumph, claiming that knew or should have known that Jennifer was subject to a
covenant not to compete, and that Triumph should therefore be bound by its provisions.
Specifically, the following critical elements must be addressed:
1.
Memo Introduction: Articulate what you feel are the strengths of your company's legal claim or defense.
II.
Client's Case
A. Facts and Laws
1. Analyze the facts related to employment discrimination or unlawful termination based on your company's perspective.
2. Analyze the facts related to contract issues based on your company's perspective.
3. Identify the operative employment and contract laws that apply to your company's case.
B. Precedent
1. Select cases that support your company's position in terms of employment discrimination or unlawful termination. Justify why they
support its case.
2. Select cases that support your company's position in terms of contract disputes. Justify why they support its case.
C. Facts to be Determined
1. Determine any facts that will help you better analyze your company's position. In other words, what questions do you need answered
before you can proceed?
2. Explain how the identified facts will help establish the legal rights and/or obligations of the defendant in relation to your company. In
other words, how would those facts reflect on the propriety and legality of the decisions that were made?
Guidelines for Submission: Your memorandum should be 4-5 pages, using 12-point Times New Roman font and one-inch margins. You should use current APA
style guidelines for your citations and reference list. Generally speaking, the best memos include references to at least two cases for each point of law that is
mentioned. Students also earn high marks when they cite cases that appear to support a different legal resolution than the one presented by the student, and
then distinguish that case from the scenario described in this assignment. Such distinctions demonstrate exemplary understanding of the course materials.
Instructor Feedback: This activity uses an integrated rubric in Blackboard. Students can view instructor feedback in the Grade Center. For more information,
review these instructions.
Critical Elements
Memo
Introduction
Proficient (100%)
Articulates the strengths of
company's legal claim or defense
Value
6
Not Evident (0%)
Does not articulate the strengths
of company's legal claim or
defense
Does not analyze facts related to
employment discrimination or
unlawful termination based on
company's perspective
12
Facts and Laws:
Unlawful
Termination
Analyzes facts related to
employment discrimination or
unlawful termination based on
company's perspective
Needs Improvement (75%)
Articulates the strengths of
company's legal claim or defense,
but with gaps in accuracy or detail
Analyzes facts related to
employment discrimination or
unlawful termination based on
company's perspective, but with
gaps in accuracy or detail
Analyzes facts related to contract
issues based on company's
perspective, but with gaps in
accuracy or detail
Identifies operative employment
and contract laws that apply to
company's case, but one or more
operative laws are missing or
there are inaccuracies
12
Facts and Laws:
Contract Issues
Analyzes facts related to contract
issues based on company's
perspective
Does not analyze facts related to
contract issues based on
company's perspective
12
Facts and Laws:
Laws
Identifies operative employment
and contract laws that apply to
company's case
Does not identify operative
employment and contract laws
that apply to company's case
12
12
Precedent: Selects cases that support Selects cases that support Does not select cases that
Unlawful company's position in terms of company's position in terms of support company's position in
Termination employment discrimination or employment discrimination or terms of employment
unlawful termination, logically unlawful termination, justifying discrimination or unlawful
justifying selections
selections, but case(s) are termination
inappropriate for supporting case
or justification has gaps in logic or
detail
Precedent: Selects cases that support Selects cases that support Does not select cases that
Contract Disputes company's position in terms of company's position in terms of support company's position in
contract disputes, logically contract disputes, justifying terms of contract disputes
justifying selections
selections, but case(s) are
inappropriate for supporting case
or justification has gaps in logic or
detail
Facts to be Determines facts needed for Determines facts needed for Does not determine facts needed
Determined: Facts better analyzing company's better analyzing company's for better analyzing company's
position
position, but with gaps in logic or position
detail
Facts to be Explains how identified facts will Explains how identified facts will Does not explain how identified
Determined: help establish the legal rights help establish the legal rights facts will help establish the legal
Establish and/or obligations of defendant in and/or obligations of defendant in rights and/or obligations of
relation to company
relation to company, but with defendant in relation to company
gaps in logic or detail
Articulation of Submission has no major errors Submission has major errors Submission has critical errors
Response related to citations, grammar, related to citations, grammar,
related to citations, grammar,
spelling, syntax, or organization spelling, syntax, or organization spelling, syntax, or organization
that negatively impact readability that prevent understanding of
and articulation of main ideas ideas
Total
12
12
10
100%
After reviewing the law of contracts, students will see the effect that details of language and
fact can have on the interpretation, construction, and enforcement of contracts. Although the
idea that law is black and white, and that a law or rule will be uniformly enforced by a court,
even the most cursory review of contract law will yield the inevitable conclusion that law
cannot be applied in a vacuum, and the facts against which laws are assessed may
dramatically alter the interpretation of the same contractual language.
Much in law is about evidence and interpretation, and one of the most fact-intensive areas of
business litigation arises within the context of employment-related lawsuits.
Irrespective of whether they require employees to sign written employment agreements,
virtually all companies are subject to a variety of employment laws that protect employees
from discrimination, unsafe or hostile work environments, unfair wages, and other potential
workforce hazards.
Students will examine such laws in this module.
One of the more well-known employee protection laws is Title VII. Commonly referred to as
the Civil Rights Act of 1964, Title VII is a federal law that prohibits discrimination on the
basis of race, gender, religion, color, or nationality. Civil Rights Act of 1964 $ 7,42 U.S.C. $
2000e et seq (1964).
In addition to the Civil Rights Act of 1964, the U.S. Equal Employment Opportunity
Commission (EEOC) enforce a number of other federal laws designed to protect an
employee from unfair or unjust labor practices. A synopsis of the laws within the jurisdiction
of the EEOC can be found on: Laws Enforced by the EEOC.
Note that one of the lesser known laws, that may very well become increasingly important
with the changing dynamic of our global and technological culture, is The Genetic
Information Nondiscrimination Act of 2008 (GINA), which prohibits employment
discrimination on the basis of genetic information.
It is important for students to understand and appreciate the magnitude and breadth of a
wide host of federal and state guidelines that protect the employee from many forms of
discrimination and mistreatment in order to be able to legally and ethically maneuver through
what could otherwise be a landmine of liability in the employment process, from hiring and
firing decisions, compensation packages, and work environments.
With the knowledge that our rapidly changing culture will inevitably alter our employment
laws and standards, Module Two allows students to creatively synthesize established
employment laws into emerging areas of legal interest to anyone involved in the business
world.
With that said, the language and nature of law is slow to change in some areas, and
probably with good reason, which will become evident to students in Module Three when we
turn our attention to torts. More specifically, students will address negligence claims and
product liability, both of which are complicated legal subjects, each of which could (and do)
comprise single courses in and of themselves. For the purposes of this course, however,
students will highlight the quintessential elements of each area of law in order to maximize
their understanding of how to identify and avoid these potential business liabilities both
legally and ethically.
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