Turning his face, Fang Yi saw Xie You and Hehe's smiling old faces, this old guy really doesn't treat himself as an outsider, he has been off tea for three or four days, and he has tea every day, Fang Yi can see that if he doesn't finish drinking the tea leaves in his tea barrel, he won't buy tea.

"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! Unopened. How embarrassing is that. Xie Youhe said in his mouth, his hand had already reached over, opened the tea barrel and smelled it: "Hmm! Good tea, this tea is not cheap. How much, I'll transfer it to you. ”

"Lawyer Xie, it's boring to withdraw money, hurry, how about you try it." Fang Yixin said: Xie Laokou's nickname is really worthy of its name, and he will never buy anything that can be rubbed.

"No, as soon as you smell this, you know that it must be delicious, and the tea leaves of Yunwu Tea House are not bad." Xie Youhe said with a smile, then gave Fang Yi a look, leaned closer and said in a voice that only the two of them could hear: "If you say too much, you will lose, remember." Then he patted Fang Yi on the shoulder, slid back to Sima Jun's station.

Originally, Mei Xiaoting was the only one to remind Fang Yi that he didn't think anything about it, but later Zhou Yunyuan also asked him to pay attention, his heart had begun to waver, and now even Xie Laokou, who was like a fairy in the team, said this, it seemed that he had to take it seriously.

After lunch, Fang Yi got into Sima Jun's Audi A4 with trepidation. Sima Jun didn't speak along the way, and Fang Yi didn't dare to speak, he felt a little unnatural even breathing when he sat in the car.

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

The moment he saw the other party's boss, Fang Yi found that Sima Jun, who had a poker face, actually smiled, although it was only a momentary smile, but it made Fang Yi feel as if he had discovered a new continent, and she actually laughed...... It's pretty good. It is said that Mei Xiaoting has been with her for two years, and she has only seen her smile five times. Are you going to be lucky today? Fang Yi followed into the office in a cranky way.

More than an hour later, after the two sides finished talking about the equity incentive, Sima Jun looked at the bald man with a fierce face on the opposite side expressionlessly and asked, "Mr. Qian, you called before and said that you had a labor arbitration case that you wanted to consult, what is the situation?" This is our firm's Fang Law Firm, which specializes in litigation cases. ”

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

Fang Yi flipped through the case file materials and asked: "This female employee named Hao Xia said that she was sick and hospitalized at that time and needed to pay the surgery fee, but our company withheld her salary and did not pay her, and asked her to write a resignation application, and only paid her salary after writing a resignation application, is there such a thing?" After speaking, Fang Yi looked at Mr. Qian.

Mr. Qian's face was a little unnatural, he looked up and saw that the office door was closed, and said in a low voice: "There is indeed such a thing, but there is a reason for this, do you think, can I force her to resign for no reason?"

It is said that she is very sick, even after the operation, she can't go to work immediately, and she has to support her for several months, so I have to pay her sick pay for several months, maybe I will have to reimburse him for medical expenses, we are a small business, and we have to consider the cost. So ......"

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

"Our company is small, and we used to give our employees social security for a period of time, but then we didn't take it again because the cost was too high. At that time, in order to persuade her to resign, I gave her an extra 1,000 yuan.

Lawyer Fang, is this case a big problem? She went to apply for labor arbitration, but the labor arbitration did not accept it, and she went to the court to sue again......" Mr. Qian grinned.

"Hao Xia's litigation claims are: 1. requesting the court to order the revocation of the resignation application; 2. The company is required to pay wages and pay 4,000 yuan in lieu of notice after the termination of the labor relationship. 3. Pay 4,000 yuan in compensation for illegal termination of labor contract.

Her reasoning was that the company took advantage of her hospitalization and urgent need for money to force her to write a resignation application, which was a use of coercion and taking advantage of the danger of others, and the content of the resignation application was contrary to her true intentions, so she believed that the resignation application was an invalid and revocable civil act.

The case is not complicated, the key is the evidence. When you talked to her about leaving her job, did you leave her any evidence? Or was it recorded? Fang Yi said.

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

"Well, if the other party can't come up with more favorable evidence, based on her words alone, she probably has no hope for this case.

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

Second, the content of the resignation letter submitted by her stated that she "resigned due to personal reasons", which shows that the termination of the employment relationship between the two parties was due to the employee's voluntary resignation, which did not meet the circumstances under which the employee should pay notice in lieu of notice and compensation as stipulated in the Labor Contract Law. Similarly, the court will not uphold her claim for post-employment pay.

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

Of course, if Hao Xia's illness causes her to be unable to recognize or fully recognize her own actions, or to put her in a state of distress and lack of judgment, that is a different matter. Fang Yi said.

"That shouldn't be, her illness is not on her head, how can there be a situation like what you said, and when she came to the company to go through the procedures, I think she was quite normal. Our company has cameras, and we all have video recordings. "Mr. Qian said.

"If she can't come up with 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 file a reply, lawyer Fang, can you help us write a reply? I'll have the Human Resources Commissioner use it for court sessions. Qian always looked at Fang Yi.

Since this case is not so complicated, and there is a high probability that it will not lose, there is no need to spend more lawyer fees, saving one point is one point, this is Mr. Qian's true thoughts at this time.

Fang Yi turned his head to look at Sima Jun, he didn't know how the legal counsel contract was signed, and whether he should charge separately in this case, so he could only ask for Lawyer Sima's opinion with his eyes.

"Yes, lawyer Fang, you write a reply to Mr. Qian, and then send it to Mr. Qian." Sima Jun said expressionlessly.

(End of chapter)