Lawyer

Chapter 246 She laughed

Turning his face around, Fang Yi saw Xie You and the old smiling face. This old guy really didn't treat himself as an outsider. He had been out of tea for three or four days. He used tea every day. Fang Yi could tell that the tea in his tea bucket He will not buy tea until the tea is finished.

"Lawyer Xie, how about you try this?" Fang Yi took out a box of tea from the drawer of the small table under the workstation and handed it over.

"Yo! It hasn't been opened. How embarrassing." Xie Youhe said, he stretched out his hand, opened the tea barrel and smelled it: "Yeah! Good tea, this tea is not cheap. How much, I will transfer it to you past."

"Lawyer Xie, it's boring to ask for money. Come on, let's taste it." Fang Yi said in his heart: "Xie Laokou's nickname is really worthy of the name, and he will never buy anything that can be used.

"No, once you smell it, you know it must be delicious. The tea from Yunwu Tea House is not bad." Xie Youhe said with a smile, then gave Fang Yi a look, and said in a voice that only the two of them could hear : "Talk too much, remember." Then he patted Fang Yi on the shoulder, pouting towards Sima Jun's work station, and slid back to the work station.

At first, Mei Xiaoting was the only one who reminded Fang Yi that he didn't think much of it, but Zhou Yunyuan also asked him to pay attention, his heart was already shaking, and now even Xie Laokou, who is like a fairy in the team, said so, look It's time to take it seriously.

After lunch, Fang Yi nervously got into Sima Jun's Audi A4.Along the way, Sima Jun didn't speak, and Fang Yi didn't dare to open his mouth. Sitting in the car, he even felt a little unnatural to breathe.

Arriving at the base of an old office building, Fang Yi got out of the car and followed Sima Jun to the second floor, and walked into a small company with only two offices.

The moment he saw the boss of the other party, Fang Yi discovered that Sima Jun, who had a poker face, actually smiled. Although it was only a momentary smile, Fang Yi seemed to have discovered a new world. Her smile was actually... very pretty .It is said that Mei Xiaoting has been with her for two years, and the chance to see her smile is only five times.Are you going to be lucky today?Fang Yi walked into the office following wild thoughts.

More than an hour later, after the two parties had finished discussing the matter of equity incentives, Sima Jun looked at the bald man with a fierce face on the opposite side expressionlessly, and asked, "Mr. , What's the situation. This is Fang Law Firm of our law firm, who specializes in litigation cases."

Mr. Qian looked at Fang Yi: "Lawyer Fang, hello. Recently, our company was sued by an employee. Wait a minute. I'll give you the court summons and application."

Fang Yi flipped through the case files and asked: "This female employee named Hao Xia said that she was sick and hospitalized at the time and needed to pay for the surgery. As a result, our company withheld her salary and asked her to write a resignation application. She wrote a resignation application. Is there such a thing as paying her salary just now?" After speaking, Fang Yi looked at Mr. Qian.

Mr. Qian's expression was a little unnatural, he looked up and saw the door of the office was closed, and said in a low voice: "There is indeed such a thing, but there is a reason for it, do you think, can I force her to resign for no reason?
It is said that she was seriously ill, and even after the surgery, she couldn’t go to work right away. She would have to take care of her for several months, and I would have to pay her sick leave wages for several months, and maybe I would have to reimburse him for medical expenses. We are Small business, to consider the cost.So just..."

"Doesn't she have social insurance? She can use medical insurance for hospitalization and surgery, and doesn't need to be reimbursed by the company!" Fang Yi said.

"Our company is small, and we provided social security for our employees for a period of time, but we didn't pay it again because the cost was too high. At that time, I gave her an extra 1000 yuan to persuade her to leave.

Lawyer Fang, is there a big problem with this case?She went to apply for labor arbitration, but the labor arbitration didn't accept it, and she went to the court to sue..." Mr. Qian said with a grin.

"Hao Xia's lawsuit requests are: 4000. Request the court to order to revoke the application for resignation; 4000. Request the company to pay wages after the labor relationship is terminated and pay [-] yuan in lieu of notice. [-]. Pay [-] yuan in compensation for illegal termination of the labor contract.

Her reason is that the company took advantage of her hospitalization and the urgent need for money to force her to write a resignation application. The above-mentioned behavior is the use of coercion and taking advantage of others. The content of the resignation application is contrary to her true meaning, so she believes that the resignation application is invalid. and revocable civil acts.

This case is not complicated, the key is the evidence.When you talked to her about resignation, did you leave any evidence for her?Or was it taped? "Fang Yi said.

"No, absolutely not. At that time, she didn't take a single piece of paper, let alone record it." Mr. Qian shook his big bald head and said.

"Well, if the other party can't provide more favorable evidence, based on her one-sided statement, there is a high probability that she will have no hope in this case.

First, as an adult, Hao Xia has full capacity for civil conduct, can independently implement civil legal acts, and needs to bear corresponding legal responsibilities for her actions.

Second, the resignation letter she submitted stated that she “resigned due to personal reasons.” From this, it can be seen that the termination of the labor relationship between the two parties was due to the employee’s voluntary resignation. situation.Similarly, the court will not uphold her claim for post-employment wages.

Third, at present, the evidence she submitted is not enough to prove that she was coerced when writing her resignation application.Therefore, Hao Xia's act of writing her resignation application and applying to your company for her resignation is legal and valid.

Of course, if Hao Xia's disease causes her to be unable to recognize or fully recognize her own behavior, or it will cause her to be in a state of distress and lack the ability to judge, it is another matter. "Fang Yi said.

"That should not be the case. Her illness is not her head. How could the situation you mentioned happen? Besides, when she came to the company to go through the formalities, I thought she was quite normal. Our company has cameras and videotapes. "Mr. Qian said.

"If she can't provide more evidence, there is a high probability that she won't win the case." Fang Yi said.

"Well, I think so. The court asked the company to submit a statement of defense. Lawyer Fang, can you write a statement of defense for us? I'll ask the HR specialist to use it in court." Mr. Qian looked at Fang Yi.

Since this case is not that complicated, and there is a high probability that he will not lose, there is no need to spend more on legal fees, and every penny saved is a penny. This is Mr. Qian's real thinking at this time.

Fang Yi turned to look at Sima Jun. He didn't know how the legal consultant contract was signed, and whether he should be charged separately in this case, so he could only ask Sima lawyer's opinion with his eyes.

"Okay, Lawyer Fang, you can write a statement of defense to Mr. Qian, and then send it to Mr. Qian." Sima Jun arranged with a blank expression.

(End of this chapter)