You own an innovative development firm whose goal is to create engines for all types of machinery that operate without oil-based fuels. Within the past year, your firm created a lawn mower engine that runs on aloe vera juice. The engine has been proven to work in simulation tests.
During the design and development phases of the “aloe” engine, you discovered strong evidence that one of your employees was attempting to steal the engine design plans. Because most states, including New Mexico, are “at will” employment states, you believed it was legal to terminate the employee for this attempted theft. She was let go with two weeks severance pay. You agreed to extend COBRA medical benefits to her.
While meeting with manufacturers about licensing the engine design plans to them, you learn from them that your ex-employee is posting entries on Internet blogs stating the “aloe” engine design is flawed. The ex-employee is also posting that the “aloe” engine idea was only concocted to swindle tree-hugging-big oil bashing investors out of their money.
Based upon your reading of tort law in chapter 4, answer the following questions in letter format. You are writing the letter to your business partner who is in Bali testing the viscosity of guava nectar.
1. What causes of action might you have against the ex-employee? Explain the causes of action in detail and the evidence that you have to support the causes of action.
2. Explain to your partner why it does or does not matter that the ex-employee posted the comments on the Internet.
3. Make a recommendation to your partner about what the next steps should be to protect the design firm and the “aloe” engine.
4. Explain to your partner what you expect the results will be from the steps you are proposing.
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