Essays on Catastrophe Concepts - Karens Release Article

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The paper "Catastrophe Concepts - Karens Release " is a great example of a finance and accounting article. Employees are the key asset of every company; however, they have access to trade secrets and confidential information. Apart from this they even have enough influence on other employees that they can cause them to leave the company and work for a competitor. Thus every company should ensure that they are safeguarded against issues.   Karen’ s release is legal under the doctrine of employment-at-will, providing she was an employee. Thus Catastrophe Concepts can issue a termination letter to Karen as she has an Employment-at-will status.

Thus only receiving an appointment letter and a contract does not provide employees with job security, and an employee can be terminated within a minute without even having any reason at all (Van Buren & Greenwood 2008). On the other hand, if Karen was a contractor, then Catastrophe Concepts would have broken the employment contract which would be illegal. Catastrophe Concepts can not prohibit Karen from passing their trade secret or misusing confidential information to someone else as a result of her employment.

Also, they cannot prohibit her to continue even after the employment has come to an end and if the employee had breached this duty by disclosing employer trade secrets, the employer has several remedies. Catastrophe Concepts should have mentioned in Karen’ s contract at the time of employment that all information was confidential and should not be used elsewhere. They should make her sign another contract stating the following. I acknowledge that all Confidential Information, whether or not in writing and whether or not labelled or identified as confidential or proprietary, is and will remain the exclusive property of the Company or the third party providing such information to me or the Company. Nevertheless, there is no implied term that forces the duty on Karen not to disclose any information after the termination of the employment is very restricted.

References

Cabrelli, D 2004, ‘Post-Termination Covenants in the Spotlight Again’, Ind Law J. 33, pp. 167-179.

Callahan, ES, ‘Employment at Will: The Relationship Between Societal Expectations and the Law’, American Business Law Journal, vol. 28, p.455.

Cava, A 1990, ‘Trade Secrets and Covenants Not to Compete: Beware of Winning the Battle but Losing the War’, Journal of Small Business Management, Vol. 28, p12.

Cross, JT 1991, ‘Protecting Confidential Information under the Criminal Law of Theft and Fraud’, Oxford Journal of Legal Studies, vol. 11, no. 2, pp. 264-272.

Fast, SL 1993, ‘Breach of Employee Confidentiality: Moving toward a Common-Law Tort Remedy’, The University of Pennsylvania Law Review, p. 15.

Van Buren J. Harry & Greenwood Michelle (2008). Enhancing Employee Voice: Are Voluntary Employer–Employee Partnerships Enough? Heidelberg, Allemagne Journal of Business Ethics 81 (1).

Lewis, DB. 2001, ‘Whistle blowing at work: on what principles should legislation be based?’ Industrial Law Journal, vol. 30, no. 2, pp. 169-193.

Stewart, A 2008, Stewart’s Guide to Employment Law, Sydney Publisher Federation Press.

Watson, MSF 1999, ‘The Duties of Departing Employees’, viewed 25 July 2009, http://www.gowlings.com/resources/publications.asp?pubid=751.

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