Wrongful Termination
Greene’s Jewelry Wholesale has been sued by a former employee Jennifer for wrongful termination for its elimination of her position immediately after her announcement regarding needing more pregnancy leave. Greene’s Jewelry Wholesale attributes their termination of her employment to them no longer having a need for her position. The question here is if Greene 's Jewelry Wholesale would also have infringed the Pregnancy Discrimination Act (PDA) amendment with Title VII of the 1964 Civil Rights Act. Underneath the statute, miscarriage will be regarded as a temporary impairment, and the temporary impairment cannot lead in loss of jobs (McAdams, Zucker, Neslund, & Neslund, 2015).
It is known in New Hampshire how discrimination towards reaction to pregnancy remains regarded as a types of prejudice against the sex. Title VII renders it illegal for an employer to fire an individual for purposes of color, ethnicity, sex or national background (Civil Rights Act of 1964) which may also be unconstitutional termination whether Greene 's Jewelry Wholesale were purposely discriminatory against the individual. See Morse & Co., Smith v. FW, 901 F. Supply. 40 (D.N.H. 1995); as well as constr. Furnco. Waters Corp., 438 U.S. 567, 577, 98 S. Ct. 2943, 2949, 57, 957 L.Ed.2d (1978). If the employee: is a protected under Title VII, fulfilled the employer’s expectations in job performance while employed, was terminated by the employer from her position, and her position was then filled with a qualified replacement, then a prima facie case may be established. Cumpiano v. Banco Santander Puerto Rico, 902 F.2d at 153; and Lipsett v. University of P.R., 864 F.2d 881, 899 (1st Cir.1988). In the case at question, we do not know for sure whether the employees position was filled with a qualified replacement or not, but if that is found to be true, a prima facie case could be established.
Contract Disputes
Even so, Greene 's former Jewelry Wholesale worker was later sued by Greene's for breaching her drafted confidentiality clause that also explained she just can not reveal the procedure used among Greene to generate Ever-Gold except under conditions. Much of Greene 's employees have both signed the confidentiality clause and a non-compete agreement, however this staff member alone has agreed to sign the confidentiality agreement. The problem throughout this situation is if or not the former worker infringed their deal by handing the company's trade secret to the rival firm, Howell 's Jewelry Universe had been fired after her job with Greene 's Jewelry Wholesale.
In the state of New Hampshire, trade secrets and confidentiality agreements are protectable under the law N.H. RSA 275:70 when an employee has signed a covenant not to compete or confidentiality agreement as part of their employee agreement as long as they are deemed reasonable. See USI v. Guarino NO. 2013-CV-78 (NH. Super. Sept. 5, 2013); and Chapman & Drake v. Harrington 545 A.2d 645 (1988). Whether or not this law is enforceable against discharged employees, and the reasonableness of each individual agreement is decided on a case by case basis. See American Security Services, Inc. v. Vodra, 222 Neb. at 488, 385 N.W.2d at 79; and Iowa Glass Depot, Inc. v. Jindrich, 338 N.W.2d 376, 382-83 (Iowa 1983)
Conclusion
Based on the evidence in question one, the court would likely find that perhaps the dismissal of Jennifer 's employment had been unlawful since Jennifer was notified of this termination through reply to her announcement of her pregnancy. Unless Greene's could provide proof which they also do not fill that role of Jennifer by some other competent individual, they could discover that perhaps the termination had been lawful as well as ruled in favor of Greene 's Jewelry Wholesale. Depending on the evidence throughout issue two, the court would presumably conclude that perhaps the confidentiality arrangement is also no longer applicable after an individual has indeed been fired because the contract specifies a period whereby the policy remains operative. Unless the time frame is set, as well as the agreement becomes valid further than termination of even a worker, therefore the court is likely to rule in favor of Greene 's Jewelry Wholesale.
References
Iowa Glass Depot, Inc. v. Jindrich, 338 N.W.2d 376, 382-83 (Iowa 1983)
Lipsett v. University of P.R., 864 F.2d 881, 899 (1st Cir. 1988)
NH. RSA 275:70
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