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MBA 610 Final Project Part One Milestone One Guidelines and Rubric
Overview: For Final Project Part One of this course, you will create a memorandum. In Milestone One, submit your Memo Introduction, Facts and Laws,
Precedent, and Facts to be Determined sections (Sections I, IIA and IIB, and IIC) of the memorandum.
Prompt: In the Memo Introduction section, articulate what you feel are the strengths of your company’s legal claim or defense. In the Facts and Laws section,
analyze the facts related to employment discrimination or unlawful termination based on your company’s perspective. In the Precedent section, select cases that
support your company’s position in terms of employment discrimination or unlawful termination. Justify why they support its case. In the Facts to be Determined
section, determine any facts that will help you better analyze your company’s position. Make sure to incorporate the feedback you receive on this assignment
into your final submission.
As a leader, you have been tasked with briefing the executive team on a legal situation, case law, and recommendation, which will be used to formulate an official
executive brief of these lawsuits.
Scenario
Mary Jane and Allen Greene, a married couple, own a high-end costume jewelry manufacturing and distribution company called Greene’s Jewelry Wholesale,
LLC. The principal place of business for Greene’s Jewelry is in Derry, New Hampshire, where it owns a warehouse and two storefronts. Originally started in 1957,
the company has expanded over five decades, and it now employs 502 individuals in a variety of departments, including sales and marketing, research and
development, human resources, and manufacturing.
The primary asset of Greene’s Jewelry is its process for creating a synthetic gold-colored material called “Ever-Gold,” which is used in Greene’s necklaces, rings,
earrings, and bracelets. Ever-Gold is impervious to scratches, discoloration, and oxidization and is marketed as “everlasting gold.” Greene’s maintains this process
as a trade secret.
Jennifer Lawson, who has been employed for three years as a junior executive secretary in the research and development department at Greene’s Jewelry, has
just learned that she is pregnant. She has earned high marks on each of her annual reviews with the company, with the exception that she routinely shows up 15
to 30 minutes late for work. Otherwise, she is deemed to be professional, articulate, diligent, and skilled in her role with the company. When Lawson advises the
head of human resources, Lisa Peele, that she may have to take additional time off as a result of some high-risk factors that she will face during the course of her
pregnancy, she is told that her position has been eliminated. The specific words are: “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.”
Jennifer is distraught and immediately returns to her desk to clear it out as instructed. She removes all of her personal items as well as the projects she was
working on prior to her discussion with Lisa Peele. When she returns to her home, she realizes that she has inadvertently taken a draft letter to Greene’s
intellectual property attorney that details the secret process for creating Ever-Gold.
Although Greene’s Jewelry requires all of its executives to sign covenants not to compete and confidentiality agreements, Jennifer was only required to sign a
confidentiality agreement, by which she agreed never to disclose any information that she might acquire from Greene’s regarding the process used to create
Ever-Gold.
Panicked, and knowing that she needs a job, she calls one of Greene’s competitors, Howell Jewelry World, and advises its hiring manager that she is a former
employee of Greene’s, that she needs a job, and that she has confidential information about Ever-Gold that would help Howell compete with Greene’s. The
hiring manager at Howell, Naomi White, schedules an interview with Jennifer for the following day.
At the end of the interview, Naomi makes an offer to Jennifer to begin work with Howell immediately, but she conditions the offer on Jennifer’s execution of an
employment contract. The contract contains two specific provisions that Naomi insists Jennifer read and initial, in addition to signing the contract as a whole. One
of those provisions states that Jennifer will disclose the information she has regarding the Ever-Gold process prior to commencing work with Howell. The other
provision is a covenant to not work for any competitor of Howell for two years after she leaves the employ of Howell, irrespective of the reason for leaving and
whether she quits or is fired. Jennifer initials both of the provisions, signs the contract for employment, and gives Naomi a copy of the letter that she removed
from her desk at Greene’s.
One week after she starts working with Howell, Jennifer is fired for chronic tardiness, and she thereafter gets a job working as a sales associate with the only
other jewelry company in town, Triumph Jewels.
Meanwhile, Greene’s learns that Howell has acquired knowledge of the secret process used to create Ever-Gold and that Howell has tweaked the process slightly
to create a product with similar characteristics and qualities to Ever-Gold. Howell, for its part, has learned that Jennifer is working for a competitor and fears that
Jennifer will disclose the process to Triumph. Finally, one of Howell’s customers had developed a disfiguring rash as a direct result of the new process Howell has
begun using in its jewelry.
Greene’s sues Jennifer for breach of the confidentiality agreement when it learns that she has given confidential information to Howell. Jennifer counter-sues
Greene’s for wrongful termination. Howell sues Jennifer for breach of the covenant not to compete, and Jennifer counter-sues for fraudulent inducement,
believing that she was tricked into signing the employment contract with Howell and that Howell was never interested in hiring her, but was interested only in
acquiring information on the process to create Ever-Gold. Howell also sues Triumph, claiming that it knew or should have known that Jennifer was subject to a
covenant not to compete and that Triumph should therefore be bound by its provisions.
Specifically, the following critical elements must be addressed:
I. Memo Introduction: Articulate what you feel are the strengths of your company’s legal claim or defense.
II. Client’s Case
A. Facts and Laws
1. Analyze the facts related to employment discrimination or unlawful termination based on your company’s perspective.
2. Analyze the facts related to contract issues based on your company’s perspective.
3. Identify the operative employment and contract laws that apply to your company’s case.
B. Precedent
1. Select cases that support your company’s position in terms of employment discrimination or unlawful termination. Justify why they
support its case.
2. Select cases that support your company’s position in terms of contract disputes. Justify why they support its case.
C. Facts to Be Determined
1. Determine any facts that will help you better analyze your company’s position. In other words, what questions do you need answered
before you can proceed?
2. Explain how the identified facts will help establish the legal rights and/or obligations of the defendant in relation to your company. In
other words, how would those facts reflect on the propriety and legality of the decisions that were made?
Rubric
Guidelines for Submission: Your memorandum should be 4–5 pages, using 12-point Times New Roman font and one-inch margins. You should use current APAstyle guidelines for your citations and reference list. Generally speaking, the best memos include references to at least two cases for each point of law that is
mentioned. Students also earn high marks when they cite cases that appear to support a different legal resolution than the one presented by the student, and
then distinguish that case from the scenario described in this assignment. Such distinctions demonstrate exemplary understanding of the course materials.
Critical Elements Proficient (100%) Needs Improvement (75%) Not Evident (0%) Value
Memo
Introduction
Articulates the strengths of
company’s legal claim or defense
Articulates the strengths of
company’s legal claim or defense,
but with gaps in accuracy or detail
Does not articulate the strengths
of company’s legal claim or
defense
6
Facts and Laws:
Unlawful
Termination
Analyzes facts related to
employment discrimination or
unlawful termination based on
company’s perspective
Analyzes facts related to
employment discrimination or
unlawful termination based on
company’s perspective, but with
gaps in accuracy or detail
Does not analyze facts related to
employment discrimination or
unlawful termination based on
company’s perspective
12
Facts and Laws:
Contract Issues
Analyzes facts related to contract
issues based on company’s
perspective
Analyzes facts related to contract
issues based on company’s
perspective, but with gaps in
accuracy or detail
Does not analyze facts related to
contract issues based on
company’s perspective
12
Facts and Laws:
Laws
Identifies operative employment
and contract laws that apply to
company’s case
Identifies operative employment
and contract laws that apply to
company’s case, but one or more
operative laws are missing or
there are inaccuracies
Does not identify operative
employment and contract laws
that apply to company’s case
12
Critical Elements Proficient (100%) Needs Improvement (75%) Not Evident (0%) Value
Precedent:
Unlawful
Termination
Selects cases that support
company’s position in terms of
employment discrimination or
unlawful termination, logically
justifying selections
Selects cases that support
company’s position in terms of
employment discrimination or
unlawful termination, justifying
selections, but case(s) are
inappropriate for supporting case
or justification has gaps in logic or
detail
Does not select cases that
support company’s position in
terms of employment
discrimination or unlawful
termination
12
Precedent:
Contract Disputes
Selects cases that support
company’s position in terms of
contract disputes, logically
justifying selections
Selects cases that support
company’s position in terms of
contract disputes, justifying
selections, but case(s) are
inappropriate for supporting case
or justification has gaps in logic or
detail
Does not select cases that
support company’s position in
terms of contract disputes
12
Facts to be
Determined: Facts
Determines facts needed for
better analyzing company’s
position
Determines facts needed for
better analyzing company’s
position, but with gaps in logic or
detail
Does not determine facts needed
for better analyzing company’s
position
12
Facts to Be
Determined:
Establish
Explains how identified facts will
help establish the legal rights
and/or obligations of defendant in
relation to company
Explains how identified facts will
help establish the legal rights
and/or obligations of defendant in
relation to company, but with
gaps in logic or detail
Does not explain how identified
facts will help establish the legal
rights and/or obligations of
defendant in relation to company
12
Articulation of
Response
Submission has no major errors
related to citations, grammar,
spelling, syntax, or organization
Submission has major errors
related to citations, grammar,
spelling, syntax, or organization
that negatively impact readability
and articulation of main ideas
Submission has critical errors
related to citations, grammar,
spelling, syntax, or organization
that prevent understanding of
ideas
10
Total 100%

 
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