Grassroots lawyers also have spring

Chapter 401 Tangled!

"The defendant defends!" Judge Wu said routinely.

"The defendant disagrees with the plaintiff's claim, please the court to dismiss all the plaintiff's claims, the defense is over!" said the old lawyer.

Wang Chuan was taken aback for a moment, but he didn't expect the old lawyer's defense to be so brief.

"The plaintiff is presenting evidence." Seeing that the attorneys of both sides cherish words like gold, Judge Wu naturally didn't bother to talk much.

"The first piece of evidence is the wages and social security records obtained by the plaintiff from a third-party company, as well as the certificate issued by the third party, which proves that the plaintiff has only worked for the defendant for two months, and the defendant requires the employee to bear the excessive liquidated damages of 48 yuan. .

The second piece of evidence, the non-compete agreement, proved that the non-competition period agreed by the plaintiff and the defendant was twelve months.

The third piece of evidence, the resignation certificate issued by the defendant to the plaintiff, proves that the termination date of the plaintiff's non-competition is October [-], [-].The proof is over! "Wang Chuan said.

Although the first piece of evidence is not very beneficial to the plaintiff, it has already appeared in the labor arbitration stage. Even if Wang Chuan does not submit it, the court can obtain it ex officio.

"The defendant cross-examined." Judge Wu said while looking down at the evidence list.

"The authenticity of the first evidence is not recognized. The other party only provided two months of social security and bank records, and we do not recognize the plaintiff's proof purpose." The old lawyer said.

"Plaintiff, do you have complete social security payment records and salary records? It starts from the date of resignation!" Judge Wu asked.

"Yes, the plaintiff's social security has been paid by the human service company before, and this is the payment record. This is the plaintiff's salary statement from the date of resignation." After finishing speaking, Wang Chuan handed over the social security and bank statement.

"We recognize the authenticity of these two pieces of evidence, but not for the purpose of proof.

In reality, there are often cases where social insurance and real labor relations are separated, so we do not recognize the proof purpose of the bank statement submitted by the plaintiff. It is possible that the other party received wages from other channels, such as other bank cards, or bank cards of family members, etc.! "The old lawyer said after reading the supplementary evidence.

"Defendant, do you have any clues or evidence that the plaintiff collected wages through other channels?" Judge Wu asked.

"No. We applied to the court for investigation and obtained the bank card transfer records of the plaintiff and his family members." The old lawyer said.

"Defendant, let me explain that if you have evidence or clues that the plaintiff and his family members collected wages on behalf of the plaintiff, such as bank account numbers, please submit them, and we can obtain relevant evidence. But if it is just your speculation, if there is no evidence, we will No transfer." Judge Wu said with a cold expression.

"We have no evidence or clues to collect wages for the time being." The old lawyer said.

"Continue to cross-examine!" Judge Wu said.

"The second piece of evidence, the non-compete agreement, is recognized for its authenticity, relevance, and legality, but not for the purpose of proof. In this agreement, the two parties have clearly agreed that the period of labor arbitration, first instance and second instance will not be included in the non-competition the term.

The third piece of evidence is that the authenticity, legality, and relevance of the resignation certificate are all recognized, but the purpose of the proof is not recognized.Cross-examination is complete! " said the old lawyer.

"Now the defendant is presenting evidence!" Judge Wu said lightly.

"The first piece of evidence, the non-compete agreement, proves that the two parties have agreed on the period of non-compete, and that the plaintiff is a senior executive and falls within the scope of non-compete.

"The second piece of evidence, the non-compete compensation paid by the defendant to the plaintiff, is 2 yuan per month. It proves that the defendant has fulfilled its non-compete obligations.

The third piece of evidence, the proof that the plaintiff works in a third party and pays social security, proves that the plaintiff works in a third-party competing product company.Just now the plaintiff has confirmed the existence of breach of contract! " said the old lawyer.

"Defendant, you just thought that the plaintiff concealed the actual number of working days, but the third evidence you submitted proves that the plaintiff worked for a third party with a competitive relationship for two months. Can you confirm which one is the standard?" Judge Wu asked. road.

The old lawyer scratched his head. Before he cross-examined that the plaintiff’s concealment of the truth was entirely at the request of the defendant’s company. He had discussed this issue with the defendant. The company required him to raise the fact that the plaintiff had concealed his actual work in a third party during the trial. In terms of the number of days, considering that the defendant's agency fee was not bad, the old lawyer had no choice but to bite the bullet and do what he didn't want to do.

Now the judge asked him to confirm in turn, and the old lawyer was a little confused.

"The third piece of evidence we submitted shall prevail. But we still insist that the plaintiff's actual working days in the third party are more than two months." The old lawyer thought twice.

"The plaintiff cross-examines evidence!" Judge Wu glanced at the old lawyer, not wanting to waste time.

The first evidence is acceptable, but the purpose of the proof is not. The non-competition period stipulated in the agreement is obviously unreasonable, depriving employees of their freedom to choose a job.

The second evidence and the third evidence endorsement.Cross-examination is complete! "Wang Chuan said.

"Plaintiff's attorney, what position does the plaintiff have in the defendant's company?" Judge Wu asked.

"The plaintiff serves as the general manager of the defendant." Wang Chuan understood Judge Wu's meaning. She was trying to determine whether the plaintiff was a member of the two senior officials and the first secretary.

"Is the actual business scope of the third party mentioned above consistent with or similar to that of the defendant?" Judge Wu continued to ask and answer.

"Not exactly the same!" Wang Chuan hesitated.

"Defendant, is the business scope of the third party consistent with or similar to that of your company?" Judge Wu looked at the old lawyer.

"It should be said that the main business is the same, but some small businesses are different, but they are all of the same kind. I have the product and service introduction on the third-party company's official website, and the business scope introduction on the defendant company's website." The lawyer was well prepared, and after speaking, he submitted two copies of website screenshots to Judge Wu.

Because the plaintiff, Zhou Zheng, admitted the violation of the non-competition, Wang Chuan did not waste too much time on this aspect, but just checked the official websites of both companies.

"Attorney for the plaintiff, how long did the plaintiff actually work in the third-party company with a competitive relationship?" Judge Wu asked.

"Two months later, the plaintiff withdrew from the third-party company after receiving the defendant's written notice." Wang Chuan said.

"Defendant, how much non-competition compensation do you pay to the plaintiff every month?" Judge Wu asked.

"Twenty thousand a month is paid according to the agreement. We believe that the plaintiff's breach of contract should be calculated according to the total amount of competition compensation agreed in the agreement." After hearing Judge Wu's question, the old lawyer had an ominous premonition. .

……

"Now both parties are making their final statement! The plaintiff's final statement!" Judge Wu finished speaking, lowered his head and recorded something in the case file.

(End of this chapter)