Employment Law Case Study

Open, View, and/or
Download this Document

Total Length: 1530 words ( 5 double-spaced pages)

Total Sources: 3

Page 1 of 5

II. Client’s Case

D. Application of the Law to the Facts

Was Jennifer in breach of the confidentiality agreement that she signed committing never to disclose confidential/proprietary information she encounters in the course of her employ at Greene’s’s?

Case in Brief: In Hallmark Cards, Inc. v. Janet L. Murley (2013), the defendant (Murley) parted ways with the plaintiff (Hallmark Cards) and was paid a total of $735,000 as the severance package. As Hallmark’s marketing vice-president, Murley had come across and was indeed in possession of some confidential information regarding the operations of the company. The said information was inclusive of, but was not limited to, market research and business plans. Upon the payment of the severance highlighted above, Murley amongst other things agreed to dispose-off any confidential documents and ensure that the company’s confidential information was not disclosed to any third party. Years later, the defendant got hired by a company by the name RPG as a consultant. For the said consulting work, she was offered a total of $125,000. Following her employ, she passed-on key Hallmark documents (and information) to RPG. Hallmark initiated a lawsuit upon its learning of the said developments. According to Peacock (2013), “the jury returned a verdict in Hallmark's favor for $860,000 - equal to her severance pay plus her consulting fee with RPG.”

On the strength of the jury verdict above, Greene’s appears to be in a strong position to pursue a breach of contract claim against Jennifer. All of Greene’s executives, including Jennifer, signed a confidentiality agreement. In the said agreement, Jennifer made a commitment to ensure that all confidential information or data she had acquired in the course of her employ at Greene’s was never disclosed to a third party. The process that Greene’s used in the creation of Ever-Gold was confidential. There is sufficient evidence that Jennifer retained a letter with information detailing Ever-Gold’s creation secret process. In addition to retaining the said information, she went ahead and disclosed the same to a competitor. There is no doubt whatsoever that Jennifer’s actions were in violation of the confidentiality agreement she had signed while in the employ of Greene’s. Indeed, in Hallmark Cards, Inc. v. Janet L. Murley, the Eighth Circuit was categorical that “under her agreement with Hallmark, Janet Murley was required to maintain the confidentiality of certain company information and was prohibited from using or disclosing Hallmark’s documents and other records after leaving the company, but failed to meet her obligations” (Frey, 2015, p. 118).

Greene’s would. therefore, be seeking in damages an amount that is equivalent to the business loss and damage it would suffer as a consequence of Jennifer’s disclosure of the proprietary process it uses to make Ever-Gold.

Stuck Writing Your "Employment Law" Case Study?

View All Our Example Employment Law Case Study

Have A Custom Example Essay Written

Towards this end we would base our entitlement to the fact that Jennifer’s engagement to Howell was primarily anchored on her disclosure of the confidential information relating to Ever-Gold’s production process. There is evidence indicating that the contract she signed with our competitor had a specific provision addressing the handover of the said proprietary information. Indeed, as Frey (2015) points out, in Hallmark Cards, Inc. v. Janet L. Murley, “Hallmark based its entitlement to…

[…… parts of this paper are missing, click here to view the entire document ]

…positions affected and that the decision to layoff Jennifer was not an isolated incident – hence not discriminatory in nature. However to be able to do this, the company would have to produce evidence of the said plan in the form of organizational minutes or other documentation.

E: Impact Assessment

i. The situation described herein would most likely have an impact on public perception about Greene’s. This is more so the case given that the layoff in this case was not conducted in a professional and appropriate manner. The fact that the communication to Jennifer was made at the very moment she announced her pregnancy appears discriminative. For instance, given that most customers of Greene’s would ideally be women, this could alienate a significant portion of its clientele – the possible legal outcomes notwithstanding.

ii. There are several courses of action that Greene’s could take going forward in an attempt to alleviate any damages to its public image. One such move would be the formulation of a company termination policy that provides for not only a termination notice, but also a severance. This the company would be doing as a demonstration of compassion and to minimize the probability of lawsuits in the future. However, at present, the company ought to defend itself against a clear breach of a confidentiality agreement.

iii. To avoid similar situations in the future, the company could amongst other things plan layoffs more effectively, notify employees in advance of impending layoffs and the reasons for the said layoffs, implement the layoffs in a more professional manner (Jennifer’s dismissal was largely….....

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


Related Essays

Employment Laws in the United Kingdom

in this report were pass nearly a generation apart, both of them hold a very important place in the employment law paradigm in the United Kingdom. Employment Rights Act of 1996 Scope & Summary There are several important requirements and regulations when it comes to the Employment Rights Act of 1996. When an employee starts work with an employer, they are obligated to get a summary of terms and requirements. As stated by the law itself, there are five main requirements lettered one through five. First, an employer is to give the employee a written statement with the particulars about the employment contract and duties. The statement, as mentioned… Continue Reading...

Obesity and Fatness in America Body Image

the obese people. Although, employment law condemns discrimination based on race, sex, color and age, nevertheless, the law does not prohibit "employers from discriminating based on physical appearance" making some people to believe that employers are focusing hiring mainly the good looking people.[footnoteRef:7] Thus, the advocates for the overweight are lobbying to prevent employment discrimination based on the physical appearance. Steven further reveals that many obese people are unable to win the court case because there is no clause in the Disability Act that cites a discrimination based on physical appearance.[footnoteRef:8] Thus, when obese… Continue Reading...

Company Progressive Discipline Policy

are designed in a manner that is consistent with the company’s values, employment laws, and best practices in human resource management. Procedure Step 1 – Verbal Warning A manager, supervisor or human resource professional will issue a verbal warning to an employee privately in case of violation of company policy or in the event of an undesirable behavior/action in the workplace (Workable, 2017). When providing the warning, the employee will also be provided with necessary coaching or advice regarding the company’s progressive discipline steps. A written documentation will then be created by the supervisor within five working days of the verbal warning,… Continue Reading...

External Business Environment from 3 Squares Restaurant

fast foods. Increased concerns about the calorie content of each food mean the restaurant has to shy away from high-calorie foods. Employment laws relating to employees safety and rights: The adoption of the Affordable Care Act means that the restaurant will have to provide health benefits to full-time employees; failure to this adoption risks the restaurant a $2,000 fine. Others include EEO, the right to work, wage and hours, and whistleblower laws (Blumenthal & Collins, 2014). Evolving dietary guidelines implies that the 3 Squares Restaurant will have to modify restaurants and adapt portion sizes consistently. In 2015, for example, the Food and Drug Administration agency created a policy to remove hydrogenated… Continue Reading...

Recruitment Plan and Staffing Plan at Amazon

Considerations Recruitment and staffing strategies must comply with local, state, and federal regulations related to non-discrimination and other federal employment laws governed by the Equal Employment Opportunity Commission. When designing the job description and terms of the contract, Amazon will also need to investigate obligations to the worker regarding worker compensation and benefits packages, and wage disclosure laws. Using social media during the recruitment process can raise legal red flags due to the potential for conscious or unconscious discrimination based on age, race, gender, and other characteristics (Calvasina, Calvasina & Calvasina, 2014). Discrimination could also potentially impact perceptions of the candidate’s competency, impacting salary negotiations. Therefore, social media should… Continue Reading...

sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Employment Law" (2020, July 25) Retrieved May 14, 2024, from
https://www.aceyourpaper.com/essays/employment-law-2175542

Latest MLA Format (8th edition)

Copy Reference
"Employment Law" 25 July 2020. Web.14 May. 2024. <
https://www.aceyourpaper.com/essays/employment-law-2175542>

Latest Chicago Format (16th edition)

Copy Reference
"Employment Law", 25 July 2020, Accessed.14 May. 2024,
https://www.aceyourpaper.com/essays/employment-law-2175542
   

Open, View, and/or
Download this Document
order custom essay example