Analyze the facts related to employment discrimination or unlawful termination based on your company’s perspective. (Discuss and analyze the facts related to discrimination or unlawful termination from your company’s perspective. If you are Greene’s, she is making a Title VII discrimination claim against you so you should discuss Title VII, PDA (and any other potential issues) here but you do not need to go into extreme detail. If you are Howell’s, you should discuss unlawful termination due to the fraudulent inducement issue and, to be thorough, you should probably discuss employment discrimination due to the pregnancy issue also, even though it is not mentioned. Remember, this is a memo. But, you need enough detail so the reader understands your position. Do not simply regurgitate the facts from the prompt scenario here.)

2. Analyze the facts related to contract issues based on your company’s perspective. (Discuss the facts related to contract issues from your company’s perspective. (Both Greene and Howell will have confidentiality agreement issues and Howell can also have some contract issues related to unlawful termination.)

3. Identify the operative employment and contract laws that apply to your company’s case. (Here you should identify the laws that might apply to both employment and contract issues for your company’s case. You should identify the law and briefly state how it applies. At a minimum, you should identify the laws you mentioned above in sections 1 & 2 and any others (state and/or federal) that might apply.)

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. (Do some research, find some cases that “directly” apply and list them here with a brief explanation of how they apply. For example, if you are Greene or Howell, you should look for some pregnancy discrimination cases that have a similar fact pattern. For Howell, fraudulent inducement might also apply in this section. Note that the rubric says “cases” so you need, at least, two cases here. There are many, many cases that will apply here.)

2. Select cases that support your company’s position in terms of contract disputes. Justify why they support its case. (Same as section 1 above but for contract issues. (For both companies that would be breach of confidentiality agreements or stealing trade secrets cases. For Howell this can also include the fraudulent inducement issues.)

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? (This part is simple: What else do you want/need to know that you don’t already know? Believe me when I say that there are many, many facts that you don’t know in this scenario. Don’t tell me things like you want to know what the confidentiality agreement included. In reality, you would already know that.)

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? (The unknown facts you identified above need to be connected to the case. Why do you want to know this information? How would you use it? How would it help or hurt your case?)

D. Application of the Law to the Facts: Using the precedents you have selected in case law, regulations, and substantive law, assess the strengths and weaknesses of your company’s arguments in court. Is it probable your company will win this legal dispute? (This is also very simple. Articulate the strengths and weaknesses of your company’s case for both the termination and contract issues. Use the cases you selected and tell me how they help or hurt your case. Seldom will you find a supporting case that is 100% on point, that is, even if you find a case that helps it could also hurt your case. Be honest in your assessment here. No matter which company you defend, it’s not all roses for you.)

E. Impact Assessment

1. Based on your analysis, how do you believe this situation may affect public perception of your selected company? Will the public discourse reflect possible legal outcomes? Be sure to use specific examples. (Hey, you just fired a pregnant woman and you sell jewelry. Do you think the public and your target market might not like this? But, she was also a thief, right? Think about it and discuss it here. If there is any publicity about this lawsuit at all, there will be public perception issues for your company. Remember, this is a personnel issue and would have some privacy requirements so don’t suggest that you publicly deride her as that will only get you sued again.)

2. Make suggestions on how to alleviate any damages to your selected company’s public perception going forward. Will action(s) related to the other party be appropriate? (What do you suggest that your company does about the potential public perception issues you identified in the section above? Having her kidnapped and dumped in a hole is not an option here.)

3. Recommend how the company should modify specific business practices to avoid similar situations in the future. (Going forward, if you were in charge, would you recommend any changes to your company’s business practices to try to avoid this type of situation occurring again? What?)

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