Business memorandum

Memo introduction

            We represent the Greene’s Jewelry firm. The Greene jewelry firm has filed a breach of contract against one of their former employees Jennifer. She also have countersued for a wrongful termination. The facts of the case are that according to the code of ethics among all the executives in the Greene’s jewelry firm, they must sign a covenant vowing not to compete with the company and also to conform to the confidentiality agreement. Jennifer as one of the executives in this company, she had signed an agreement indicating that she agrees to never share any confidential information that she may get from the Greene’s company in regards to the process that they use in creating the ever-Gold brand of the company. On the other hand, Jennifer’s termination was unreasonable and therefore wrongful. Her dismissal was abrupt with no written letter giving her an earlier warning that she was to be dismissed. She had done nothing wrong apart from the 15-30 minutes late arrivals at work. However, there is no incidence that shows that she had been given a chance by the company to explain herself or to be given a warning for her lateness. She is one of the best and expresses professionalism in her work. Therefore, her termination was not right at all as the right considerations were not made as evidenced by the fact that following her condition she needed more time off but the moment she went to ask for permission she was terminated rather than being given the time off.  

            Green’s breach of contract case is strong because, Jennifer had agreed to sign in the document to keep the company’s confidential information a secret. However, as she shared the information with the Howell jewelry firm, she breached her contract of confidentiality with the Green’s jewelry firm. This therefore makes the case a strong one for the Green firm who are suing Jennifer.  She also breached that contract by competing with the firm through sharing the information with Howell’s company who are Green’s competitors. Thus, as she disclosed the information and as she was employed by Howell jewelry firm, she became a Green’s competitor and thus breaching her contract which she agreed to not compete with the Green’s jewelry firm.

            Jennifer’s case on wrongful termination is strong since she was employed for more than two years by the Green’s jewelry firm and hence she was eligible to make a claim of wrongful dismissal. The jewelry firm failed to give her a written letter showing the core reasons as to why they dismissed her and it should have been given to her prior the dismissal so as to show that the decision to dismiss her was not abrupt or that the firm was hiding anything.  In regards to all the facts of the issue, the firm dismissed her unjustly and unreasonably and this makes Jennifer’s case strong against her employer (Adams et al 2015). Even if her dismissal would have been based on misconduct through her late arrivals, she still performed well and thus she should have been given a warning and later that’s when the firm should have considered making disciplinary measures and to a larger extent a dismissal would have been given in the right procedure for employment termination. In this case, all this was not offered to Jennifer and thus, she has the right to be protected by the employment act following the wrongful termination. Her case therefore is strong.

 

 

 

 

References

            Adams, T., Neslund, N., Zucker, K. & Neslund, K. (2015). Law, Business, And Society. New York. NY: McGraw-Hill Education. 231-248