Zhiming Law Firm handles labor dispute cases, successfully dismissing unreasonable claims for enterprises.

📅 2018-06-11 📂 Civil and Commercial LitigationCivil and Commercial Litigation [1] 🏷️ #LaborDispute #UnreasonableClaimCase #ZhimingLawFirm

[2] The labor dispute case involving economic compensation claims by Zhong Mouliang and Ye Mouqing against a Shenzhen trading company and a third party, Cao Mou, represented by Zhiming Law Firm, was recently concluded in the first instance by a district court in Shenzhen. Our client, the enterprise, achieved a complete victory in safeguarding its rights.

[3] The plaintiffs, Zhong Mouliang and Ye Mouqing, alleged that they were employed by the Shenzhen trading company from November 2016 to June 2017, performing outsourced inspection work. They claimed that during their employment, they conducted inspections as assigned by the company, traveled on business trips per company instructions, and received wages, but the company unilaterally verbally terminated them without prior notice. Thus, the plaintiffs argued that the company violated their legitimate labor rights and requested the court to order the company to pay approximately 100,000 yuan in economic compensation, including double wages for the lack of a signed labor contract, severance pay for contract termination, and travel expenses incurred during work. After the court accepted and heard the case, the enterprise seemed to be in a disadvantageous position, with its executives feeling deeply aggrieved by what they perceived as "extortion." In desperation, the enterprise sought help from Guangdong Zhiming Law Firm, hoping that Zhiming lawyers could use artistic litigation techniques to uncover the truth, uphold fairness, protect the enterprise's rights, and resist malicious lawsuits.

[4] After accepting the case and understanding the details, Zhiming Law Firm quickly clarified the facts and distinguished truth from falsehood from numerous circumstances to protect the legitimate interests of the enterprise client from extortion. The lawyers discovered that the factual evidence supporting the plaintiffs' claim of an employment relationship with the defendant enterprise within less than half a year was unclear and insufficient. It remained uncertain whether the plaintiffs had some connection with the third party, Cao Mou, the company's former legal representative, or whether an employment relationship existed between them personally. From this perspective, Zhiming lawyers gathered sufficient and compelling factual evidence to assist the court in the trial, swiftly turning the tide from a passive and disadvantageous position. In court, our lawyers performed excellently, presenting persuasive arguments grounded in reason, emotion, and law, along with a rigorous and complete chain of evidence, which ultimately gained the first-instance court's acceptance. The facts and evidence presented by the plaintiffs lacked sufficient persuasive power in terms of reason, emotion, and law, and the court did not accept them. The court ultimately ruled that no labor relationship existed between the plaintiffs and the defendant enterprise, legally dismissed all of the plaintiffs' claims, and issued a judgment in favor of our client, the defendant enterprise, recently.

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