Discussion Board
1. If you were representing the Company in this case, what argument (facts and reasons) could you make that the confidentiality agreement had a legitimate business purpose and was applied appropriately to Martinez?
If I personally had to represent this company (ReadyPro) in this case against Martinez by making a confidentiality agreement between two parties would be defined by agreement between the written contracts made before Martinez employment had transpired. Anytime there is a breach of contract, Martinez employment should be disposed of by lack of confidentiality on this persons fault. This agreement was a legitimate business purpose and was applied through Martinez in a business transaction that should allow ReadyPro to be able to tell Martinez when, where and why this contractual agreement was on terms of confidential, but once you get other parties into this contract, then it should be terminated with a quick axe. Facts and reasons for this agreement to be terminated are reasons that Martinez did not disclose this agreement with no other, but Martinez decided to get other parties in this agreement which is dismissal of employment. Facts that Martinez wanted to argue is that they never got proper reimbursement of personal computer use, but if you look in the contract, it said that you will get reimbursement of personal computer use just not the amount, 12 is a reasonable amount for personal use, 15 is steep and 10 is not enough. So ReadyPro will meet in the middle with 12 a day for personal computer use reimbursement. As for other reimbursements as lodging, it should all come in good time, Martinez did not give ReadyPro time and effort to disclose lodging agreement with each other. If I had to represent this case I would state these facts and reasons on why this was a legitimate agreement between two parties.
2. Explain Martinez’s reasoning that the confidentiality agreement is so broadly worded as to represent a restriction on her exercise of some
If I personally had to represent this company (ReadyPro) in this case against Martinez by making a confidentiality agreement between two parties would be defined by agreement between the written contracts made before Martinez employment had transpired. Anytime there is a breach of contract, Martinez employment should be disposed of by lack of confidentiality on this persons fault. This agreement was a legitimate business purpose and was applied through Martinez in a business transaction that should allow ReadyPro to be able to tell Martinez when, where and why this contractual agreement was on terms of confidential, but once you get other parties into this contract, then it should be terminated with a quick axe. Facts and reasons for this agreement to be terminated are reasons that Martinez did not disclose this agreement with no other, but Martinez decided to get other parties in this agreement which is dismissal of employment. Facts that Martinez wanted to argue is that they never got proper reimbursement of personal computer use, but if you look in the contract, it said that you will get reimbursement of personal computer use just not the amount, 12 is a reasonable amount for personal use, 15 is steep and 10 is not enough. So ReadyPro will meet in the middle with 12 a day for personal computer use reimbursement. As for other reimbursements as lodging, it should all come in good time, Martinez did not give ReadyPro time and effort to disclose lodging agreement with each other. If I had to represent this case I would state these facts and reasons on why this was a legitimate agreement between two parties.
2. Explain Martinez’s reasoning that the confidentiality agreement is so broadly worded as to represent a restriction on her exercise of some