Employmentdiscrimination and unlawful contract termination is common among manybusiness companies in the society. Jennifer is discarded off herduties from Howell Jewelry World one week after being given the jobas a sales associate with the company because she has chronictardiness. She had also been relieved from her duties in Greene’sJewelry because of her pregnancy despite her informing the head ofhuman resource. Although she had already earned high remarks as beingdiligent, professional and skilled she was still sacked.
Accordingto the regulations provided in the binding precedent, the agreementsmade should be honored. When Jennifer was awarded the job in HowellJewelry world, she was presented with an employment contractcontaining the rules. It outlined that, when she leaves the jobeither through mutual consent or fired on any grounds, she should notwork for any of its close competitors for two years after leaving theHowell Jewelry world.
Inlaw court the company has an employment contract signed by JenniferLawson. This shows that she will abide by the regulations containedin the contract which she was presented with before officially beingemployed.
Thereis also evidence that when Jennifer was looking for the job afterbeing fired by her former employers (Greene’s Jewelry company), shecalled the hiring manager of Howell to inform her that she hadconfidential information on how to create Ever-Gold which wouldenhance the competition between Greene’s Jewelry and Howell Jewelry(Primus Smith, 2015).
Whenseeking the job, Jennifer was willing to provide information on howto create Ever-Gold even before being asked. Her contract terminationwas due to chronic tardiness that she was suffering from and sheneeded some time off her duty. This was more understandable comparedto the termination of her contract while working with Greene’sJewelry in which she was sacked from her job because of her beingexpectant despite informing the head of the human resources LisaPeele about her condition.
NaomiWhite had presented Jennifer Lawson with an employment contractrequiring her to provide confidential information on how to processEver-Gold. She needed to provide this information before beingofficially recruited. When she was fired within one week after beingemployed, would show that the company was mainly interested inacquiring that unique information about Ever-Gold creation. Thiswould portray that Howell Jewelry never acted in good faith toJennifer.
Thecompany denied Lawson the freedom of choice by presenting her with acontract to sign which limited her from working with any othercompany for two years.
Basedon the strengths highlighted above, our company Howell Jewelry willwin the case because we only have only one complainant. DespiteLawson agreeing to comply with the regulations contained in thecontract after appending her signature without use of force she laterdecided to sue Howell because of inducement.
Thefiring of Jennifer Lawson only one week after being hired as one ofthe employees of Howell Jewelry World would taunt the image of thecompany. It will be an indication that the main interest was ingetting the information on how to make Ever-Gold.
Therewill be a positive mentality created by the public that the companyputs workers standards at the forefront. This is shown when HowellJewelry relieved Jennifer Lawson off her duties because she could notbe able to adhere to the scheduled time she was supposed to report towork.
Therewill be no legal actions against Howell Jewelry World if it is provedthat Jennifer was reporting to work station late which led to herdismissal. Despite of Jennifer informing the head of human resourcesLisa Peele of Greene’s Jewelry she was relieved off her duties.This was due to her pregnancy in which she was required to take sometime off her duties due to the high risk factors which she would beexposed to. For example after Jennifer told Lisa Peele the head ofhuman resources that she was pregnant she was told that the companyno longer needed secretaries in the junior executive category. Thisshows that the company tolerates employment discrimination (Gilden,2015).
HowellCompany would provide a certain period in which new recruitedemployees should work. This is in order to give the employees time toadapt to the new regulations and requirements of the Company. Itshould be applicable to avoid the same damage the Company was exposedto after it fired Jennifer Lawson only one week into her job afteracquiring the confidential process on how to create Ever-Gold.
Beforesigning the employment contract at Howell, one should read through itand understand the terms and conditions contained in the document.
Takingaction against Triumph Jewelry Company would be a damage to theethics of the organization .The covenant signed by Jennifer was notdisclosed to them prior to Lawson’s appointment to work for TriumphJewelry (Gamble, 2013). This is because they had no information aboutthe contract signed by Jennifer at Howell Jewelry that it limited herfrom working with their close competitors for two years after herdismissal.
Takinglegal action against Jennifer would be appropriate because it wouldenlighten other workers that breaching the contract signed whenemployed by the company would have some legal consequences if onedoes not respect them. This is because Jennifer had agreed to theterms and conditions which were contained in the document.
Thereshould be no discrimination of employment based on gender. WhenJennifer Lawson was pregnant, she was dismissed from Greene’sJewelry. The excuse being that it no longer needed secretaries on thejunior executive posts.
Thereshould be outlined laws when one is signing a contract. There shouldbe no unlawful termination of one’s contract without the consent ofthe employer and the employee. As we can see Jennifer’s contractsin both Greene’s Jewelry and in Howell Jewelry World was cut shortwithout her being informed prior to the action being taken.
Unlawfulcontract termination and employment discrimination is becoming a normin many business organizations. There should be laws laid down whichprotects the workers welfare and from discrimination.
Gamble,B. (2013). The Larry P. Edition.
Gilden,A. (2015). Raw Materials and the Creative Process. GeorgetownLaw Journal,104.
PrimusSmith, N. (2015). Re-imagininggriots: investigating the curriculum stories male educators of colortell(Doctoral dissertation, University of Delaware).