what defenses and counter claims, if any, will Western Wine raise in its response to Jacky's lawsuit if filed? Discuss.
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 filed? Discuss. 3. What will be the likely outcome of the case? Discuss. Memo 2 Jacky is a well-known wine maker who has nocked at several wineries. One year ago, she was offered and accepted, a job as Chief Wine Maker at the California Westem Wine Company (Western Wine), at a salary of 5200,000 annually, for five years, provided that if her employment is terminated early, she will receive 5400,000 per year in liquidated damages for the remaining term of her contract. The contract includes a non-compele provisiae which provides that while working for Westem Wine, Jacky would be exposed to confidential informution of Wertern Wine including, but not limited to, wine making methods, private elient lists and other trade information, and therefore and for during the term of empleymext and for a period of three-years thereafter, "Jacky may not work for any other compuny in the same trade as Western Wine" Jacky and Westem Wine signed a complete enployment contrast with those terms, However, throe things have just happened: First, the world-wide 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 leait several years or more, until such time as the barrel manufacturers will have increbsed prodoction. Western Wine will now cease production of its red wine and focus on while and rose' wines, which do not require oak barrels and it has fired Jacky for that reason. Westem. Wine does not deny the existence and validity of its contract with Jacky. Second, for the last six months, Jacky has been providing winemaking consultation to a friend's start up winery which bopes to develop its single-vincyard red wine blend into a highly soughtafter claret. Third, Jacky has been offered a full-time job as the bost of a television show about wine producers, at a ralary of $100,000 foe four years. Nlthoegh the salary is less than she was paid at Westem Wine, she is unable to fisd another job ar a Chief Wine Maker because of the oak barrel shortage. Jacky has decided to take the television bost job and bas indicated her intent to sue Westem Wine. You ane Chict Operating Officer for Westem Wine. In four pages of less, please draft a memorandam to your company with supporting iegal autherity, anvwering the following questicans: 1. What claims will Jacky make and what remedies will ahe reques? Discuss. 2. What defenses and counter claims, if arry, will Western Wine raise in its response to Jacky's lawsait if filed? Disctiss. 3. What will be the likely outcome of the case? Dikcurn. 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 filed? Discuss. 3. What will be the likely outcome of the case? Discuss. Memo 2 Jacky is a well-known wine maker who has nocked at several wineries. One year ago, she was offered and accepted, a job as Chief Wine Maker at the California Westem Wine Company (Western Wine), at a salary of 5200,000 annually, for five years, provided that if her employment is terminated early, she will receive 5400,000 per year in liquidated damages for the remaining term of her contract. The contract includes a non-compele provisiae which provides that while working for Westem Wine, Jacky would be exposed to confidential informution of Wertern Wine including, but not limited to, wine making methods, private elient lists and other trade information, and therefore and for during the term of empleymext and for a period of three-years thereafter, "Jacky may not work for any other compuny in the same trade as Western Wine" Jacky and Westem Wine signed a complete enployment contrast with those terms, However, throe things have just happened: First, the world-wide 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 leait several years or more, until such time as the barrel manufacturers will have increbsed prodoction. Western Wine will now cease production of its red wine and focus on while and rose' wines, which do not require oak barrels and it has fired Jacky for that reason. Westem. Wine does not deny the existence and validity of its contract with Jacky. Second, for the last six months, Jacky has been providing winemaking consultation to a friend's start up winery which bopes to develop its single-vincyard red wine blend into a highly soughtafter claret. Third, Jacky has been offered a full-time job as the bost of a television show about wine producers, at a ralary of $100,000 foe four years. Nlthoegh the salary is less than she was paid at Westem Wine, she is unable to fisd another job ar a Chief Wine Maker because of the oak barrel shortage. Jacky has decided to take the television bost job and bas indicated her intent to sue Westem Wine. You ane Chict Operating Officer for Westem Wine. In four pages of less, please draft a memorandam to your company with supporting iegal autherity, anvwering the following questicans: 1. What claims will Jacky make and what remedies will ahe reques? Discuss. 2. What defenses and counter claims, if arry, will Western Wine raise in its response to Jacky's lawsait if filed? Disctiss. 3. What will be the likely outcome of the case? Dikcurn
