[6] Disguised dismissal after opposing the company; lawyer's rights protection ultimately secured economic compensation

📅 2018-07-10 📂 Arbitration CasesArbitration Cases 🏷️ #DisguisedDismissal #ConfrontingCompany #LawyerRightsProtection #EconomicCompensation


In 2002, Zhu, a military veteran, became an engineer at a motor control development company in Shenzhen founded by another veteran comrade. However, by 2013, after the comrade's control of the company was taken away, the new controller began selling equipment and transferring assets, which upright Zhu could not tolerate. Due to friction with the new controller, Zhu often faced retaliation: first, his paid annual leave wages were deducted, then his salary was cut, and eventually his pay was blatantly reduced to 2000 yuan. Finally, threats were used to prevent him from working, and he was fired on grounds of "unauthorized absenteeism" and "voluntary resignation," with no compensation or severance offered. Seeing the company beyond saving, Zhu decided to fight for his rights before its collapse and entrusted the legal team of Wang Tengfeng from Guangdong Zhiming Law Firm to pursue back wages and economic compensation. Under the arrangement of lead lawyer Wang Tengfeng, team lawyer Zhang Qingping took charge of the case.

Although Zhu provided no substantive evidence, with Zhang Qingping's assistance, he obtained "transaction details" from his bank for his salary card and calculated the owed paid annual leave wages. Additionally, while Zhu's salary followed a "minimum wage standard + related benefits" model, with "related benefits" being vague, Zhang Qingping argued that a baseline reference could be derived from the average salary of Zhu's first ten months to serve as the wage standard for his final two months. During the arbitration evidence exchange, Zhang Qingping discovered that the company had forged a "Notice" to claim Zhu was absent without authorization, repeatedly urged to no avail, and fired without a work handover. After consulting lead lawyer Wang Tengfeng, Zhang Qingping concluded that the "Notice" was merely the company's unilateral statement, intended to fabricate facts and confuse the issue. Without other supporting evidence, this "Notice" should not be accepted by the arbitration tribunal, so Zhu could still seek termination of labor relations and demand economic compensation.

At the arbitration hearing, Zhang Qingping engaged in intense debate with the company's actual controller's lawyer over whether Zhu was absent without authorization. Despite Zhu lacking any evidence beyond his bank card transaction details, Zhang Qingping challenged and refuted the "Notice" and other materials submitted by the opposing lawyer, helping the tribunal see the truth. Ultimately, the tribunal ruled in full support of Zhang Qingping's arguments: ordering the company to make up two months of wages, pay two years of owed paid annual leave wages, and provide economic compensation for the termination of labor relations.

⚖️ Start Your Professional Legal Service Journey Now

Professional legal team, providing one-stop legal solutions

  • @ Email: zhiminglawfirm@126.com
  • WeChat ID:zhiminglawyer01
  • 💬 WeChat: gd_zhiming

Business hours 9:00-18:00 · Fast Response · Strict Confidentiality · Professional & Efficient

Consultation QR Code

Scan the QR code for consultation

Law Firm Official Account

Scan to follow us