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I dont understand question 3 Jacky is a wellknown wine maker who has worked at several wineries. One year ago, she was offered and accepted,
I dont understand question 3
Jacky is a wellknown wine maker who has worked at several wineries. One year ago, she was offered and accepted, a job as Chief Wine Maker at the California Western Wine Company (Western Wine), at a salary of $200,000 annually, for ve years, provided that if her employment is terminated early, she will receive $400,000 per year in liquidated damages for the remaining term of her contract. The contract includes a noncompete provision which provides that while working for Western Wine, Jacky would be exposed to condential information of Western Wine including, but not limited to, Wine making methods, private client lists and other trade information, and therefore and for during the term of employment and for a period of threeyears thereafter, \"Jacky may not work for any other company in the same trade as Western Wine\". Jacky and Western Wine signed a complete employment contract With those terms. However, three things have just happened: First, the worldWide drought and popularity of wineries over the past 5 years has led to a worldwide shortage of oak wine barrels, which are required to age and produce Western Wine's red Wine. That shortage will in fact persist for at least several years or more, until such time as the barrel manufacturers will have increased production. Western Wine will now cease production of its red wine and focus on white and rose' Wines, which do not require oak barrels and it has red Jacky for that reason. Western Wine does not deny the existence and validity of its contract with J acky. Second, for the last six months, Jacky has been providing winemaking consultation to a friend's start up winery which hopes to develop its single-vineyard red wine blend into a highly sought- after claret, Third, Jacky has been offered a Jll-time job as the host of a television show about Wine producers, at a salary of $100,000 for four years. Although the salary is less than she was paid at Western Wine, she is unable to nd another job as a Chief Wine Maker because of the oak barrel shortage. Jacky has decided to take the television host job and has indicated her intent to sue Western Wine. You are Chief Operating Ofcer for Western Wine. In four pages or less, please draft a memorandum to your company with supporting legal authority, answering the following questions: 1. What claims will Jacky make and what remedies will she request? Discuss. 2. What defenses and counter claims, if any, will Western Wine raise in its response to Jacky\"s lawsuit if led? Discuss. 3. What Will be the likely outcome of the case? DiscussStep by Step Solution
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