Green's V. Lawson: Wrongful Termination

MEMORANDUM
CONFIDENTIAL

To: Legal Department: Greene’s Jewelry Wholesale, LLC
From: Sou Phonyothy
Date: September 13, 2017
RE: Green’s v. Lawson-Breach of Confidentiality and countersuit Lawson v. Greene’s Wrongful Termination

Questions of Law
1. Did the former employee Jennifer Lawson violate the terms of the confidentiality agreement when she signed the document upon being hired?
2. Did the former employer, Greene’s Jewelry Wholesale LLC, wrongfully terminate Jennifer Lawson?
Answer
1. Yes. According to the agreement signed by Jennifer Lawson, upon being hired, she agreed to not disclose any information she learned from her former employer Greene, with the process used to create the Ever-Gold.
2. Yes. Jennifer Lawson announced her

pregnancy and might needed more time off due to possible high risk pregnancy; Ms. Peele’s response was: “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.”
Unlawful Termination
There are a few items that we must take into consideration by a complainant to meet requirements of Pregnancy Discrimination Act.
1.

Has to be a member of the protected class (pregnancy)
2. Performance is satisfactory
Jennifer is looking to countersue Greene’s Jewelry for wrongful termination. According to the Act Jennifer Lawson meets the act; she is pregnant and then gets terminated due to downsizing. She meets half of the second requirement; “she is professional, articulate, diligent and skilled in her role.” Her downfall is that “she routinely shows up 15 to 30 minutes late for work.”
According to “The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964, discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII.” (EEOC, 2008) Greene’s Jewelry did not violate the Pregnancy Discrimination Act, because they had already planned to down size and remove the position pertaining to executive secretary.
In the United States, employment is “at-will,” unless an exact employment contract has been entered by both the employer and employee. When entered as an at-will employment; the employer does not need a specific reason to terminate an employee. If an employer terminates an employee for a definite reason that is unsuitable, the at-will policy does not

apply.
Contract Issues
Jennifer Lawson was an employee for Greene as being executive secretary for three years in the research and development department.

Upon being hired, she signed an agreement stated that she would not disclose any information she gained from working at Greene in the researched and development department. When Ms. Lawson was terminated, she purposely reached out to Howell, Greene’s competitor, knowing that she had information on how to produce Ever-Gold. She is guilty of breaching her contract with Greene’s Jewelry and also violating New Hampshire Trade Secret Law.
“Trade secrets are typically considered to include customer lists, sensitive marketing information, non-patented inventions, software, formulas and recipes, techniques, processes, and other business information that provides a company with a business edge.” (New Hampshire Trade Secret L, 2017)
These are the three items Greene’s Jewelry feel that are essential to the case:
1. New Hampshire Trade Secret Law: “the disclosure or use of a trade secret without consent by someone who used improper means to acquire knowledge of the trade secret, for example, an ex-employee who gives company secrets to a rival.” (New Hampshire Trade Secret L, 2017) This pertains to Jennifer Lawson, she contacted Howell, know that she had information on how to produce the

Ever-Gold.
2. The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964, discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII.” (EEOC, 2008)
3. Economic Espionage Act: Jennifer Lawson contacted Howell and let them know she has information in regards to producing Ever-Gold. “Economic espionage may include the clandestine acquisition or outright theft of invaluable proprietary information.” (Economic Espionage, 2017) The EEA is not intentional to forbid every theft of trade secrets for which civil remedies may happen under state law.
Precedent
Arizanovska v. Wal-Mart Stores, Inc. (2012)
In the case pertaining to Jennifer Lawson being wrongfully terminated for being pregnant. The case listed above is similar in regards to Jennifer Lawson. Ms. Lawson was terminated because her employer was downsizing and there was no need for any executive secretaries any longer. This case is similar because, Svetlana Arizanovska was working as a shelf stocker at Wal-Mart when she became pregnant, and was advised by her doctor not to lift more than 20 pounds. Her employer assigned her to light duty for some time, but was later told that there were no more light duties available and was told to resume normal work duties. She then suffered a miscarriage. Four months later she became pregnant again and again was told no light duty. She was put on unpaid leave and then fired. Arizanovska miscarried again, and presented the reason as stress due to unemployment. She lost her case both in district and appeals court.
Brian’s 1:1 Fitness v. Woodward, No. 2012-CV-00838 (Merrimack, SS (NH) Superior Court, 8/8/13).

References
Economic Espionage. (2017). Retrieved from Investopedia: http://www.investopedia.com/terms/e/economic-espionage.asp
EEOC. (2008, September 8). Facts About Pregnancy Discrimination. Retrieved from The U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/facts/fs-preg.html
New Hampshire Trade Secret L. (2017). Retrieved from NOLO: http://www.nolo.com/legal-encyclopedia/new-hampshire-trade-secret-law.html