Ever Gold Case Study

Application of the Law to the Facts

When attempting to assess the strengths of Greene’s Jewelry’s arguments in court, it is important to compare it to other case law or regulations. Greene’s breach of confidentiality argument is further reinforced when compared with the prior New Hampshire Supreme Court case involving the National Employment Service Corporation v. Olsten Staffing Service. This case involved determining the validity of restrictive employment covenants, and whether the contract was legal. The New Hampshire Supreme Court made its decision using public policy, which “comment to the Restatement of Contracts § 514 states that restrictive covenants, if unreasonable, are illegal at common law and under many state statutes (Bowles

Greene’s complaint is that Lawson violated her signed covenant concerning confidential information. Lawson signed a covenant agreeing she would never disclose any information she might obtain in regards to Greene’s process used to create “Ever-Gold.” The company is arguing that the covenant was clearly violated when Lawson provided Greene’s competitor Howell Jewelry World with a copy of a letter revealing the process used to create Ever-Gold. Ever-Gold is Greene’s primary asset which is also referred to as “everlasting gold,” because it is an anti-scratch synthetic gold-colored material used when making necklaces, rings, earrings, and bracelets.

Public perception of Greene’s Jewelry could potentially be affected by the legal situation involving Jennifer Lawson’s. In response to Greene’s legal action against Lawson for violating the confidentiality agreement, she has counter-sued with a claim of wrongful termination. It is believed the plaintiff will claim that pregnancy discrimination was involved during the termination process. Based on the seriousness of such a claim, the public opinion of the company could be damaged if this claim is found to be

Disproving this claim should not be difficult since Lawson was an at-will employee when terminated, and the company can legally terminate her as long as federal and state laws are not violated in the process (What Is Wrongful Termination?, 2016). The fact that Lawson was terminated during a company downsizing, as well as the fact that all Junior Executive Secretaries were terminated, help to further disprove any wrong doing or discrimination. As long as Greene’s Jewelry can continue to provide top notch customer service and high quality products, the company will continue to be