FROM: Alyssa Ascher
DATE: April 16th, 2017
RE: Greene’s Jewelry Wholsale – Wrongful Termination of Employee and Employee Breach of Contract Claims
QUESTIONS PRESENTED
(1)Under New Hampshire law, can Greene’s Jewelry Wholesale be held accountable for terminating Jennifer’s employment as the company is downsizing and has no need for her position anymore?
(2)Under New Hampshire law, can Jennifer be held accountable for sharing Greene’s Jewelry Wholesale’s trade secret with Howell, as she signed a confidentiality agreement in which she agreed she would not disclose any information that she might acquire from Greene’s regarding their process to create Ever-Gold?
SHORT ANSWERS
(1)Probably yes. The reason given …show more content…
If Greene's can provide evidence that they did not fill Jennifer's position with another qualified individual, then they may find that the termination was lawful and rule in favor of Greene's Jewelry Wholesale.
Based on the facts in issue two, the court will probably find that the confidentiality agreement is no longer valid after an employee has been terminated unless a time frame for which the agreement is active is stated in the contract. If the time frame is stated, and the agreement is valid beyond an employees termination, then the court will probably rule in favor of Greene's Jewelry Wholesale.
Public perception of Greene's Jewelry Wholesale may be affected by the situation when it comes to hiring future employees. Should a perspective employee feel that the company let Jennifer go under wrongful termination, they may be hesitant to work for Greene’s as they know the company has a history of terminating employees for unjust reasons. Going forward Greene’s may want to create a statement explaining their intentions in terminating Jennifer’s employment so that the public has a better understanding of the situation from Greene’s perspective. In the futue, Greene’s could make sure not to breech any laws regarding discrimination when terminating an employee so as to protect themselves against any sort of legal claims involving