ASSIGNMENT HELP | Mary Jane and Allen Greene, a married couple, own a high-end costume jewelry manufacturing and distribution company called Greene’s Jewelry Wholesale, LLC.

Memorandum Guidelines:
•Double spaced
•4–5 pages, using 12-point Times New Roman font and one-inch margins.
• Using current APA style guidelines for your citations.
• Reference list – 5-8 references, which include book references.
•3 cases for each point of law that is mentioned.
•Also, cite cases that appear to support a different legal resolution than the one presented in the memo and then distinguish that case from the scenario described in this assignment.
• Please use the below case.

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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 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 it 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.

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Specifically, the following critical elements must be addressed:
II. Client’s Case
D. Application of the Law to the Facts: Using the precedents you have selected in case law, regulations, and substantive law, assess the strengths and weaknesses of your company’s arguments in court. Is it probable your company will win this legal dispute?
E. Impact Assessment
i. Based on your analysis, how do you believe this situation may affect public perception of your selected company? Will the public discourse reflect possible legal outcomes? Be sure to use specific examples.
ii. Make suggestions on how to alleviate any damages to your selected company’s public perception going forward. Will action(s) related to the other party be appropriate?
iii. Recommend how the company should modify specific business practices to avoid similar situations in the future.

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.

MODEL ANSWER

Non-Disclosure Breach Researched

Lawsuits of any nature are some of the aspects that can bring down the reputation of a well-established organization. Consequently, managers will do anything within their mandate to ensure that instances of lawsuits are avoided by all means. However, human resource management decisions and general practices provide some of the common litigation cases that most companies have to | PLACE YOUR ORDER NOW AT writtask.com | have to work their way out within the confines of the law as will be demonstrated in the case of Greene’s Jewelry case with Jennifer who is its one of the company’s former employee.

The Client’s Case

The client; Greene’s company is suing Jennifer who is a former employee for failing to adhere to the oath of secrecy that employees are bound to sign promising not to disclose any company | PLACE YOUR ORDER NOW AT writtask.com | agreement (NDA) meant that no employee was to disclose the Company’s secret including operations and processes that Greene company had used to | PLACE YOUR ORDER NOW AT writtask.com | defendant willingly opted to release the secret to a competing company in return for a job offer. 

However, the defendant; Jennifer Howell is counter- suing the company for illegal termination despite her being protected as per the | PLACE YOUR ORDER NOW AT writtask.com | should not discriminate an employee based on her pregnancy status. The Act prohibits the employees from being fired, or being denied an opportunity to work, promotions or layoffs. Based on the Act, Jennifer argues that the company fired her without giving her a chance to explain why she was coming to work fifteen minutes late.

D. Application of the Law to the Facts Although there is enough evidence showing that Jennifer violated the nondisclosure agreement, there are notable strengths that make the Company’s arguments | PLACE YOUR ORDER NOW AT writtask.com | company’s legal team can prove that there was a violation of a signed agreement binding every employee to the | PLACE YOUR ORDER NOW AT writtask.com | defendant outrightly violated the NDA agreement and hence can be charged as per the dictates of the provisions outlined in the | PLACE YOUR ORDER NOW AT writtask.com | defense team can use the example of Coca-Cola vs. Pepsi where Coca-Cola’s employees had disclosed the company’s secret operational information to…