Applicability of Greene’s Jewelry Wholesale, Llc vs. Lawson Memo
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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… Lawson agrees and physically hands over the Ever-Gold’s patent draft to Naomi White, the hiring manager employed with Howell. Laws Defining Unlawful Termination and Contracts
Regarding Unlawful Termination:
New Hampshire is considered to be a “work at will” state. Which means an employee can be terminated at any time for any reason. Of course there are exceptions to this rule, specifically regarding the following acts, which are pertinent to Lawson’s termination.
New Hampshire is covered under the federal Worker Adjustment and Retraining Notification (WARN) Act. Greene’s falls under the WARN act since it employs more than 100 full time employees, or 100 employees that work a combined 4000 hours a week. WARN explicitly states that if a reduction of 33% or more of employees are laid off in a 90 day period, then a 60 day notice is required. New Hampshire also has its own mini WARN Act, which covers the same basic principles with some slight alterations to suite smaller businesses. In either case Greene’s falls under both the federal and New Hampshire’s WARN act.
New Hampshire also falls under the federal Family and Medical Leave Act (FMLA), which states that once the employee meets certain criteria that employee is allowed to take up to 12 weeks of leave every 12 months to recuperate from serious health conditions,