8-2 Final Submission: Final Project Part I

2

2

Abdussamet Akca

Business Law

2-2 Final Project Part 1 :Mileston One

09.27.2020

\

JENIFER LAWSON AND GREENE'S JEWELRY

Jenifer Lawson was the employee of Greene’s Jewelry, which was at a place known as Derry. The defendant of this case was New Hampshire to the case of Jennifer Lawson and Greene’s Jewelry. Lawson hasn’t yet acquired a lawsuit easily; thus, it has counteracted in Greene’s Jewelry.

In a period of up to three years of Lawson working for Greene’s Jewelry when he was a Junior Executive Secretary at the Development and Research Development, there was a lesson that Lawson learned that the organization was in the position of downsizing. Each of the Junior Executive Secretary positions won’t be in use anymore. According to Lawson's distraught, she took her projects and belongings with her. In the project that Lawson took away included the draft letter, which had Greene’s Jewelry's secrets, which was the creation of Ever-Gold. This was a specific process that led to the Jewelry not to discolor. Jenifer Lawson kept on with the activities of taking the secrets towards the competitors of Greene's Jewelry and Howell Jewelry World. Lawson had to exchange the secret so that she would get a position in Howell Jewelry World. It is a requirement in Greene's Jewelry every one of their employees usually come together and sing out a confidential agreement and a covenant which states that secrets will be kept, thus making it in being confidential. Jenifer Lawson later on engaged in the signing of the agreements that were confidential. Those agreements were later broken when there was the exchange of secret information to take a position in the Howell Jewelry World.

Law and Facts: Unlawful Termination

There is a wrongful termination that is being countersued with Jennifer Lawson. This is because she made an accuse to Greene’s Jewelry in the terminations that were wrong. During the period to which she knew that she would have her position eliminated, she let the firm know about her pregnancy. Thus, the given example of the disc rumination can be forbidden with the act of Pregnancy Discrimination, which says that every woman that is pregnant should be treated equally just like any other employer without forgetting any of the employment benefits should be distributed together to every person no matter their condition there is in. Greene's Jewelry is failing since it can never comply to those type of rules since the Junior Executive Secretary elimination position took place when Lawson made a confirmation of her pregnancy a Head of Human Resources in the Greene’s Jewelry.

Law and Face: Issues of Contract

There was a signing which took place by Jennifer Lawson. This was an agreement that was beneficial in giving protection of any secrets in Ever-Gold. This explains why Lawson will not be in any of the positions to disclose any of the information’s that talks about the making or processing Ever-Gold, which is the process that was run by Greene's Jewry. Knowing these facts, she kept making exchanges of the information to gain a particular position in the Howell Jewelry World. Two provisions were in the contract. The example of the provisions was that Lawson would tell out the information through hiring. The other example was that she would not have been in the position to work to Howell Jewelry competitors in several two years when they left Howell. Although Lawson still made a violation by working with the other Jewelry store as soon as she got fired by the Howell Jewelry World.

There is also the same situation with Bob Evans Farms Inc and Reser’s Fine Foods Inc., where there were a lot of claims that its former partner engaged towards the secrets on the techniques in banking. Later on, Evans became subject to the discipline by revealing the given techniques. Howell's responsibility in protecting Ever-gold wasn't theirs to do, even though Lawson was capable of acquiring the responsibilities of abiding by the contact but still had a fail in being like that.

The fact of Law: Contract Issues

Through the violation of the agreement, Lawson had another activity to where she made a violation of the New Hampshire Trade Secret Law; This is a type of law that gives a business the protection without living their matters confidentially to misappropriation. Hence, she gave the information to Howell Jewelry World, which was never consented through Greene's Jewelry. Through this activity, Lawson made an incrimination to herself through the knowledge of confidential matters, which may engage Greene's Jewelry's business.

Precedent: Terminations that are Unlawful

These are the examples of the cases and laws presented in giving out support towards the terminations, which are in the case. These are the cases;

I. Engineering Documentation System and EEOC. The EDSI learned that there was one of the assistances who was technical was pregnant. When on maternity leave, the EDSI changed the job description, which had the requirements that the technical assistant is supposed to be certified in carrying explosives and ammunitions that were live. The EEOC gave the protections which were under the law of the PSA. According to the case of Jennifer Lawson, the position she had was being eliminated. No certain indications, which were evident, showed that it was almost due to her pregnancy. She had the knowledge that every position of the Junior Executive Secretary will get in being eliminated. A t the case of the EDSI, the positions of hers were being changed while on maternity leave. She was later told that every position could have been eliminated but not just hers

II. Indiana Health Care Centre and EEOC, Indiana Health Care, made a violation at the federal law when they terminated the female dental hygienist because of the pregnancy. Thus she was scheduled to go to the leave on her days of termination. According to her case, her leave was not yet a place. Her termination took place during a particular time, whereas a firm knew that she was expecting a kid. Greene's Jewelry had no knowledge that she was pregnant during the elimination decision, which had been established.

Precedent: Contract on Dispute

These cases and laws have been presented enacting as the support on the Greene’s Jewelry case. They are;

I. Hampshire Trade Secret Law, which was new: at the New Hampshire, which is new, there is the Trade Secret Law, which was being adopted through the trade secret in the federal union. There was the statement that the secret of the business in the company would not be misappropriated. This means that through Lawson information transmission in another firm, which is not Greene's Jewelry, it was a crime. Thus she is being violated with the law.

II. Hiatt and Maxum Petroleum: The Maxum Petroleum decided in filing on a lawsuit towards the federal court in misappropriation of the secrets of the trade that included Stephan Hiatt. Stephan is a former employee at the Maxum Petroleum, agreed on not taking any of the positions with either of the competitors that would have required him to share the information. However, he ignored every indication hence took the job at Chemoil after the Maxum Petroleum leave. By this, he made breaches with the contact. When comparing Hiattwith, Lawson took away provided information or initiative in the firm which had no consent in having the secrets.

Facts that should be determined

Greene’s Jewelry legal team has the requirement of the facts in bettering the case. Thus, there is a need for this type of documentation:

I. All the documentation should be documented, which may give prove to Greene’s Jewelry respectfully or legally make positions in being terminated, which will be beneficial in proving that they never illegally let her be gone when they got to know that she had been pregnant hence let her go with that reason.

II. Arrangements that are confidential should be collected, which Lawson had signed before she was hired. It would help in proving that she had engaged in violating the contract.

III. The statement with the Human Resource to details: Information is provided to how the conversations had been carried to who said what and the tone was used. The details showed how she was left then told that every position could be eliminated, making of affirmances if someone was at the rooms and just not the Human Resources with Jennifer Lawson. Through all this, a very strong testimony can be provided on how it came to happen.

IV. All the time should be gathered that Lawson got late, noncompliance performed, and yearly or monthly reviews. It will be beneficial in making suggestions to which Lawson's position got eliminated, although the delay would have taken effect on the dismissal even when a position never gets eliminations.