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Greene Vs Jennifer Lawson/jennifer Lawson Vs Greene

By:   •  January 29, 2019  •  Term Paper  •  972 Words (4 Pages)  •  1,052 Views

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Memorandum

To: Legal Team Supervisor of Greene’s Jewelry Wholesale

From: Margaret Pelletier, Legal Intern

Date: January 2, 2019

Subject: Greene vs Jennifer Lawson/Jennifer Lawson vs Greene

Per your request, I have done extensive research into the cases regarding Jennifer Lawson and Greene’s Jewelry Wholesale. Greene Jewelry Wholesale has been in business since 1957, with both two storefronts and a warehouse where principal business is located. Greene’s primary asset, is the process created for synthetic gold-colored materials called “Ever-Gold”, which is a trade secret created for all products like their necklaces, rings, earrings, and bracelets. Impermeable to discoloration, scratches and oxidation and is often known as the “everlasting gold”. This set Greene apart from all competitors like Howell Jewelry World and Triumph Jewels. If this was released to others, it could potentially deplete not only revenue but increase the quality of others no longer setting Greene higher in standards.

Recently, Greene Jewelry Wholesale has gone through a lay off and dismissed all Junior Executive Secretaries (JES), as the demand is no longer needed. One particular JES, Jennifer Lawson, was recently served for breach of confidentiality leading to the counter-sue of wrongful termination toward Green Jewelry Wholesale. The specific verbiage used by Lisa Peele, the Head of Human Resources during the termination meeting was as follows:

“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.”

You’ll notice that Ms Peele directly noted that Ms Lawson was not singled out, by stating that any of the junior executive secretaries are now not needed.

In the case Greene vs Lawson, Greene has chosen to sue Ms Lawson for breach of confidentiality. While all executives are obligated to sign covenants not to compete, as well as confidentiality agreements, Ms. Lawson was only required to sign a confidentiality agreement. Within this agreement, Ms. Lawson agreed that she would never disclose any information that she might acquire from Greene’s in regards to the insides and outs of Ever-Gold. After termination with Ms Peele, she was required to clean her desk and take her personal items home. During this time, Ms. Lawson had taken information on projects that she had worked on in her time in the development department. Within the project information was the formula of the trade secret for Ever Gold. Soon after her three year stint at Greene came to an end, Ms. Lawson was hired at Howell Jewelry World. A signed agreement between Howell Jewelry World and Ms Lawson proves that upon employment, she had to disclose the information regarding Ever Gold. Due to the fact that Howell Jewelry has signed and initialed copies of agreement between both parties, the confidentiality agreement between us and the perpetrator is now voided, classifying our case as a breach of contract and confidentiality. (McAdams, 2015) The confidential information about Ever-Gold to Howell allows them to compete with Greenes. It is noted that Ms Lawson was later terminated due to chronic tardiness in the workplace at Howell and now resides employment at Triumph Jewels.

Once served by Greene, Ms Lawson then, counter-sued for wrongful termination. There is multiple routes that they may take. One being due to her newly discovered high-risk pregnancy in which she asked Ms Peele for additional time off during her termination meeting. According to

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