Reference no: EM133648491

Assignment:

Melody Smith was working as a law clerk at the firm of Best Lawyers LLP, a small local boutique law firm. She was hired in June, 2001. There, she clerked for the founding partner, Jim Best. She was a hardworking, well-educated and knowledgeable clerk that was well respected in the legal community. She was integral to Jim Best's business. Over the years, she had developed a strong relationship with his clients and she was an important player in maintaining his client base.

In June, 2021, Melody received a call from Brad Worst the senior partner of Brightest Lawyers LLP. Mr. Worst and Mr. Best were fierce competitors having worked on the opposite side of files for their entire careers. Mr. Worst told Melody that his legal clerk was retiring and he wanted to see if Melody would be interested in moving to his firm. Melody was 49 years old and she was concerned about job security given that Mr. Worst was kind of old himself. Mr. Worst assured Melody that he did not intend on leaving the practice of law for many many years and that she would be welcome at Brightest Lawyers LLP until she decided to retire - no resume or application for the job would be required. He promised her a very worthy employment package, including a signing bonus to entice her to join his firm. Although Melody really liked working for Mr. Best, she was interested in what Mr. Worst would offer. Melody asked for an offer of employment.

Mr. Worst delivered an offer of employment, which if Melody accepted, would become her employment agreement. The Agreement provided:

1. Melody would be a senior law clerk, supervised by Mr. Worst;

2. Melody would receive salary of $95,000 per year;

3. Melody would receive a signing bonus of $10,000;

4. Melody would be entitled to 5 weeks vacation;

5. Melody would be entitled to a year-end bonus based on a percentage of the targets she achieved ranging from $7,500 to $10,000 each year;

6. Melody would be entitled to 2 weeks' notice on termination;

7. Melody would be entitled to participate in the employer's benefit package;

8. Melody would be required to comply with the employer's policies and handbook; and

If she accepted, Melody would start in one week.

Melody decided to take the job. As she wanted to take a brief vacation between the two jobs, she wrote a letter to Best Lawyers LLP advising that she was quitting effective immediately to go work for Brightest Lawyers LLP. She packed up her bags and left midday. Just before she left, she took Jim Best's address book thinking that it may serve her new employer and really, she was the one that knew the clients.

Mr. Best was terribly upset when he read the resignation letter. First off, he had a major trial coming up that week and with the lack of notice, Melody was really hurting his ability to properly prepare. He was going to have to work all night all week as there was no way he could replace her skill and knowledge without any notice.

Furthermore, Melody was a key member of the team. She was beloved by all of the firms' clients. In fact, Mr. Best was concerned that some of the clients would move to Mr. Worst's firm given Melody's relationship with them. Thankfully, Mr. Best remembered that Melody's original employment contract when she was hired as a filing clerk contained a non-solicitation provision that read:

For a period of 1 year following the termination of your employment with Best Lawyers LLP, you agree not to solicit by any means any client of Best Lawyers LLP.

Mr. Best knew that Mr. Worst was behind all of this. He vowed that Melody and Mr. Worst would pay for this. He just had to find a way to prevent the loss of his clients.

Over at Brightest Lawyers LLP, Melody started work. Immediately, she provided Mr. Worst with Mr. Best's address book and the two started calling and meeting with clients. The two made a great team and quickly, many of Mr. Best's clients hired Mr. Worst.

Melody was really enjoying it until September, 2023 when everything went sour. Mr. Worst decided to retire in the summer. As soon as he left, Melody was assigned to work for Mr. Knowitall. Mr. Knowitall was known for his rude behavior. He immediately started finding fault with her work. Whereas before her research and drafts had been praised by Mr. Worst, Mr. Knowitall made her redo everything. He told her that she hadn't included the most up to date research and that she made errors with many of the client names. He inferred that she wasn't familiar with the latest technology even after taking specific courses to learn. Melody was there late almost every workday and even came in on the weekends. She couldn't keep this up.

Mr. Knowitall arranged her annual appraisal with her and in the meeting cited many examples of poor work which had to be redone. All of the examples stemmed from when he took over as her boss. Melody tried to explain to him that she was working harder than she had ever worked, had reviewed all her learnings from the courses she'd taken and it was him that was finding fault where none existed. Mr. Knowitall told her to stop. He told her that she wasn't listening to what he was saying and that he would give her until next month to improve. If not, her job was in jeopardy.

Melody didn't know what to do. Mr. Knowitall offered no help and he hadn't said - to her mind - what she was doing wrong. She thought about going to HR, but Mr. Knowitall was married to the HR manager.

In fear that she could lose her job, Melody worked 7 days a week, checking her work carefully. Everything came back with remarks that she needed to do them over.

On her one outing a week to buy groceries, Melody ran into Mr. Best. He was still upset with Melody. As a result of her betrayal his practice had declined in value and he had to go to work at Walmart to supplement his retirement income. She was so distraught that she asked him what to do. Mr. Best told her to suck it up and work like he had to.

At the end of the month Melody was brought into yet another meeting with HR and Mr. Knowitall where she was advised that her employment would be terminated effective immediately. In accordance with her employment contract, she would receive 2 weeks' pay in lieu of notice of termination. She was provided with a letter that confirmed her termination together with a request that she sign a full and final release of all rights to sue Brightest Lawyers LLP. Upon delivery of the release, Brightest Lawyers LLP would provide her with her cheque for the two weeks pay in lieu of notice.

Melody was mortified as she packed up her desk in front of everyone.

1. Discuss the employment law principles that would be applicable as between Melody and Mr. Best. For example, what potential claims would Mr. Best have against Melody? Discuss whether these potential complaints would be successful and why.

In other words, make sure you back up your points with legal concepts and a proper explanation together with the facts to back it up.

2. Discuss the employment law principles that could be applicable to the facts as between Melody, Brightest Lawyers and/or Mr. Worst/Mr. Knowitall? For example, what potential claims would Melody have against Brightest Lawyers LLP and/or Mr. Worst and/or Mr. Knowitall? Discuss whether these potential claims would be successful and why. If they are successful, what damages might she be entitled to, if any?

In other words, make sure you back up your points with legal concepts and a proper explanation together with the facts to back it up.