TO: Supervisor FROM: Andrew ToussaintDATE: January 27, 2016RE: Applicability of Greene’s Jewelry Wholesale, LLC vs. Lawson MEMO INTRODUCTION
Jennifer Lawson, who was rightfully terminated during Greene’s Jewelry Wholesale’s downsizing effort for consistent tardiness throughout her three years of employment with Greene’s Jewelry Wholesale, breached the confidentiality agreement to not share any information regarding the process used to create “Ever-Gold,” by sharing key process elements in producing Ever-Gold to a competing business named Howell Jewelry World. Ever-Gold is the primary asset of Greene’s and is sold exclusively through Greene’s.
Greene’s employed 502 individuals and was exclusively located to the state of New…show more content… New Hampshire has also adapted the FMLA to suite smaller businesses and pregnancy. It states that employers with at least six employees must allow employees to take time off work when they have a disability relating to pregnancy, childbirth, or related conditions. Neither the federal, nor New Hampshire’s FMLA require the employer to act in good faith with the employee’s condition and can request medical certification of the condition.
Similarly, New Hampshire also falls under the federal Pregnancy Discrimination Act of 1978 (PDA). This prohibits employers from discriminating against pregnancy, child birth or other related conditions. New Hampshire has also expanded the federal PDA to include the same principles as New Hampshire’s FLMA.
Regarding Contracts:
New Hampshire falls under the federal Uniform Trade Secrets Act (UTSA). Trade secrets are generally seen as sensitive marketing information, software, techniques, processes, customer lists, and any other business information that provides a company with business edge over competitors. Greene’s process to manufacture Ever-Gold is classified as a trade secret and was protected through a nondisclosure agreement with Lawson. New Hampshire’s version of the Uniform Trade Secrets Act classifies the theft of trade secrets as misappropriation. This means the trade secret is acquired by improper means such as theft and a breach of duty to maintain secrecy, both
