Greene Jewelry 's Jewelry For Wrongful Termination, Pregnancy And Gender Discrimination And Breach Of Contract

An employee can be legally fired at any time for any reason, unless they are being discriminated against (depending on the state), or if the firing is in retaliation, or if the firing goes against a

To protect companies for wrongful discharge claims they must do so in a professional and respectful manner. Companies must be sure the employee understand they are being asked to resign and why. For instance, stating the detailed reasons about what the employee did wrong and how long the inappropriate behaviors happened. Insure that the reasons for termination were all in accordance with the supervisory manual made and provided by companies.

This exception allows employees to file lawsuits if they sensed they were terminated unfairly (Doyle A. 2016).

Title VII Rights Act of 1964 forbids employers with 15 or more employees to discriminate on the basis of race, color, sex, religion or national origin (EEOC, 1997). This law applies to federal, state and local employers. The above conditions may not be used to refuse to hire or for terminating an individual or in other words discriminate against any individual (EEOC, 1997). In order to release an employee in any of the above categories the employer must have documentation based on quantity or quality of production and the employer can also make this decision based on results of a professionally developed ability test, which cannot be used to discriminate (EEOC, 1997). If an employee feels they have been let go for an unjust reason they can file a formal

The company has the right to terminate an employee as long as the termination does not discriminate or

In paper, Greene’s Jewelry has a strong case against Jennifer Lawson because Jennifer breached the confidentiality agreements that she signed with Greene’s Jewelry. In the agreement, it specifically indicated that Jennifer could never disclose any information regarding “Ever-Gold” creating process, which is patented and owned by Greene’s Jewelry. Jennifer not only stole a draft letter that contains the details of creating Ever-Gold but also took it to Greene’s competitor Howell Jewelry World in order to obtain a job offer from the company. The employment contract that Jennifer signed with Howell is a certain evidence of her unjust enrichment. Regarding Jennifer Lawson’s claim that she encountered wrongful termination at Greene’s, it is simply a misinterpretation of Greene’s legitimate reduction in force. The company no longer had a need for any junior executive secretaries. The downsizing was unfortunately but legal.

Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any situation in which a worker’s employment is ended by the employer (terminated) in breach of contractual terms of employment, or due to any of the following: discrimination, retaliation, an employee’s refusal to be involved in illegal activity, or an employer’s

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.

The tale of this distinguished firm dates from 1830 when the enthusiastic Charles Christofle, 25, took the reins of his family’s little jewelry shop in the Maras region of Paris. Throughout the following ten years, with the financial help of his well off sister, Rosina Christofle, Charles utilized his sharp administrative abilities to expand the endeavor and win commissions at home in France and from as far abroad as Madagascar and South America.

Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also

Wrongful dismissal is the term used at common law to denote the situation in which an employee is dismissed by an employer in breach of contract. It occurs most commonly in summery dismissal, namely, without any notice whatsoever. This is justifiable in the case of Laws v London Chronicle (indicator Newspapers) Ltd (1959), stating that “…Whether the conduct complained of is such as to show the servant to have disregarded the essential conditions of the contract of service…”

Based on facts and legal laws, the judge can look over the evidence and rules and make a decision. The employment-at-will doctrine clearly states that the employer can fire the employee at any time for any reason. There are many exceptions to the employment-at-will

A similar case where an employee claimed unlawful termination in comparable circumstances is Megivern v Glacier Hills Incorporated. In this case the employee, Megivern, alleged that her employer, Glacier Hills Inc. unlawfully terminated her due to her pregnancy. The judgement was ultimately given to Glacier Hills Inc and the termination was sustained. Glacier Hills was able to show the reasoning surrounding Megivern’s termination by providing her performance records. Megivern was a less than desirable employee and the timing of her termination was not due to pregnancy (Megivern v. Glacier Hills

Employment at will is essentially a rule that strips employees and employers from their rights to due process when it comes to workplace termination. Under this principle employers may let any person go for any reason at any time during their employment with or without just cause. Your stature at the company, time worked, personal conduct; none of those things have to be taken into consideration if you are let go. This means that if an employee does not agree with their grounds for termination, they have no legal right to fight it in a court of law. Employment at will also allows employees to quit their job at any time, again regardless of having just reasoning or not. The only case where an employment at will principle would not apply is if an employee, when hired, signed a document that stipulates other specific terms and conditions regarding grounds for termination/quitting. An important thing to make note of is just as if an employee had signed a contract, they are made aware before being brought on full time, that they are an “at will” employee. These soon to be employees are voluntarily signing that they abide by what is defined in the employment at will principle.

Key legislation includes the Employment Rights Act 1996 is primarily concerned with employee rights including fair dismissal, unfair dismissal and redundancy. A dismissal can be ‘fair’ provided the employer has given one of the five specific reasons: