Wrongful Discharge Essay examples

Submitted By tmorelos
Words: 550
Pages: 3

Bill's Legal Problem Bill works for a company called Worldwide Pharmaceuticals Plc. He has been offered a position at Global Pharmaceuticals Plc. However he is concerned that his contract restricts him for working for a trade competitor for two years. Should he leave Worldwide Pharmaceuticals Plc.? Worldwide Pharmaceuticals are seen to be unreasonable. They do not want Bill to work for another company, which specializes in the same area of trade they do, for a time period of two years. This is unreasonable, as Global Pharmaceutical Plc. has offered Bill a far more lucrative salary than he receives at Worldwide Pharmaceuticals. Bill has been with Worldwide Pharmaceuticals for five years. His contract may contain a clause for stating that a competitive salary is in place, if this is the case, then the company, Worldwide Pharmaceuticals, who have not offered to match the rival company's offer, have breached the contract making the contract void. Bill's existing employers are being unreasonable by requiring Bill not to accept the job. Bill should appeal that the contract and the time period is unreasonable. However, if the courts decide the contract is reasonable, then Bill should appeal that Worldwide Pharmaceuticals should offer him a more competitive salary i.e. they should raise his salary to that of which was offered to him by Global Pharmaceuticals. Worldwide Pharmaceuticals may argue that Bill had access to confidential information of their company regarding Bill's research but they must show that Bill had access to such information. It must also be shown that Bill's knowledge was obtained from trade secrets. However, Bill could show that his knowledge came from other sources, which would reject any legal threats made by Worldwide Pharmaceuticals.

Area Of Law The area of law displayed here under restrictive covenants of contract law is restraint of trade, which are usually void but can be enforced if "restriction is reasonable in terms of area and time". Restraint of trade clause is only valid and enforceable by the principles if it is in writing, only covers the geographical area, the group of customers, and the…