Lawyer's character

Turning his face, Fang Yi saw Xie Youhe's old smiling face. This old guy really didn't regard himself as an outsider. He had stopped drinking tea for three or four days and drank tea every day. Fang Yi could tell that the contents in his tea bucket were He wouldn't buy tea until he finished drinking it.

"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.

"Hey! It's not opened. What a shame." As Xie Youhe said, he already stretched out his hand, opened the tea bucket and smelled it: "Well! Good tea, this tea is not cheap. How much does it cost? I'll transfer it to you. past."

"Lawyer Xie, it's no use asking for money. Come on, let's drink it and try it." Fang Yi thought to himself: Xie Laokou's nickname is indeed worthy of his name. He will never buy anything he can afford.

"No, as soon as you smell it, you know it will taste good. The tea from Yunwu Tea House is no different." Xie Youhe said with a smile, then glanced at Fang Yi, leaned closer and said in a voice that only the two of them could hear. : "Too many words lead to mistakes, remember." Then he patted Fang Yi on the shoulder, nuzzled towards Sima Jun's workstation, and slid back to his workstation.

Originally, Mei Xiaoting was the only one to remind Fang Yi, and he didn't think anything of it. Later, Zhou Yunyuan also asked him to pay attention, and his heart had begun to waver. Now, even Xie Laokou, who is like a fairy in the team, said this. Look. Time to take it seriously.

After lunch, Fang Yi got into Sima Jun's Audi A4 with anxiety. Sima Jun didn't speak during the whole journey, and Fang Yi didn't dare to speak. He felt a little unnatural even breathing while sitting in the car.

Arriving under 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 met the boss of the other party, Fang Yi discovered that Sima Jun, who had a poker face, actually smiled. Although it was just a momentary smile, it made Fang Yi feel like he had discovered a new world. Her smile was actually... quite pretty. . It is said that Mei Xiaoting followed her for two years and only saw her smile five times. Are you going to be lucky today? Fang Yi followed into the office with random thoughts.

More than an hour later, after the two parties finished talking about equity incentives, Sima Jun looked at the bald man with a fierce face opposite him expressionlessly and asked: "Mr. Qian, you called me before and said that you have a labor arbitration case that you want to consult. , what is the situation? This is Law Firm Fang from our law firm, who specializes in litigation cases. "

Mr. Qian looked at Fang Yi: "Hello, Lawyer Fang. Recently, our company was sued by an employee. Please wait a moment. I will give you the court summons and application form."

Fang Yi looked through the case file and asked: "This female employee named Hao Xia said that she was sick and hospitalized at the time and needed to pay for surgery. As a result, our company withheld her salary and asked her to write a resignation application, which she did. I just paid her salary, is that true?" After speaking, Fang Yi looked at Mr. Qian.

Mr. Qian's face looked a little unnatural. He looked up and saw that the office door was closed, and whispered: "It does happen, but there is a reason. Think about it, can I force her to resign for no reason?

It is said that her illness is quite serious. Even after the operation, she cannot go back to work immediately. She will have to recover for several months. I will have to give her several months of sick leave wages in vain. Maybe I will have to reimburse her medical expenses. We are When operating on a small scale, costs must be considered. So just..."

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

"Our company is small, and we had provided social security to our employees for a period of time before, but later we considered that the cost was too high, so we stopped providing it. At that time, in order to persuade her to resign, I gave her an extra thousand yuan.

Attorney Fang, is this case a big problem? She applied for labor arbitration, but the labor arbitration did not accept the application, so she went to court to sue..." Mr. Qian grinned.

"Hao Xia's claims are: 1. Requesting the court to order the cancellation of the resignation application; 2. Requiring the company to pay wages after the termination of the labor relationship and payment of 4,000 yuan in lieu of notice. 3. Pay 4,000 yuan in compensation for illegal termination of the labor contract. Yuan.

Her reason was that the company took advantage of her hospitalization and urgent need for money to force her to write a resignation application. The above behavior was the use of coercion and taking advantage of others' danger. The content of the resignation application was contrary to her true intention, so she believed that the resignation application was invalid. and revocable civil actions.

This case is not complicated, the key is the evidence. When you talked to her about resigning, did you leave any evidence for her? Or being recorded? "Fang Yi said.

"No, absolutely not. She didn't take away a piece of paper at that time, let alone record it." Mr. Qian said, shaking his bald head.

"Well, if the other party can't provide more favorable evidence and just rely on her one-sided words, 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 and can independently carry out civil legal acts and must bear corresponding legal responsibility for her acts.

Second, the content of the resignation letter she submitted was "resignation due to personal reasons." It can be seen that the labor relationship between the two parties was terminated due to the employee's voluntary resignation, which did not comply with the provisions of the Labor Contract Law and should be paid in lieu of notice and compensation. situation. For the same reason, the court will not support her claim for post-employment wages.

Third, at present, the evidence she submitted is insufficient to prove that she was under duress when writing her resignation application. Therefore, Hao Xia's act of writing a resignation application and applying to your company for resignation is legal and valid.

Of course, if Hao Xia suffers from a disease that causes her to be unable to recognize or completely recognize her own behavior, or that causes her to be in a dangerous state and lack the ability to judge, that is another matter. "Fang Yi said.

"That shouldn't be the case. Her illness is not in her head. How could the situation you mentioned happen? Besides, when she came to the company to go through the formalities, I saw that she was in good spirits. Our company has cameras and videos. "Mr. Qian said.

"If she can't provide more evidence, there's a good chance 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 personnel 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 it will not be lost, there is no need to spend more on legal fees. Every penny saved is worth a penny. This is what Mr. Qian really thinks at this time.

Fang Yi turned to look at Sima Jun. He didn't know how the legal consultant contract was signed and whether separate charges were required 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 an expressionless expression.