·About The Author·
· Author of Intellectual Property, Commercial, Company and Economic Law In A Minute
· Co-Author of Peking University Textbook: Business Ethics
· Graduated from Fudan University Law School
· Interviewed by Bloomberg and Timeout
· Served over 200 foreign clients from over 40 countries
· Honorary Legal Advisor of Esports International Group;
International Financial Technology Academy;
The Asian General Chamber Of New Retail
· Mentor at Bloom Education (Charity)
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Successful Case 21
Non-Renewal of Contract
To watch the video, click the image above.
I was approached by an American teacher, Brandon in Shenzhen in July 2022. Brandon had been working for a school in Futian for nearly a year, when he was suddenly told by HR that he was let go.
Obviously, Brandon was unhappy with such arrangements, so he decided to get some legal help and was recommended to me.
I took one look at the "Employee Separation Confirmation Form" and the sentences highlighted in red were definately bad for Brandon. That would mean no severance pay for Brandon, and of course that would be unfair.
However, HR was not willing to give Brandon his release documents unless he signed those documents, so I decided to go under "signing under duress", and convince the court that Brandon had no choice but to sign, or else he would be stuck in limbo without a new job forever.
I guided Brandon on how to fish for direct threats, and the reply we got from HR was exactly what I wanted. It was an obvious threat right above.
Just one threat was good enough, but I wanted to be 100% sure, so I had Brandon keep fishing for additional threats, and sure it worked like magic. We got the evidence that we needed, and Brandon got his release documents.
Things turned out great and faster than I expected at this stage. The school knew the result would not be in their favour and wanted to cut losses, so they offered us a good amount for settlement.
Brandon was happy with their offer so we immediately signed a settlement agreement that was stamped by the arbitration committee. Please note that if you decide to settle with the other party, make sure it is stamped by the court or arbitration committee. This way, if the other party does not pay up, we can apply for compulsory enforcment at court, where money is directly deducted from the company's bank account.