Grassroots lawyers also have spring
Chapter 295 Take him down!
Chapter 295 Take him down!
"Does our company have relevant rules and regulations or employee handbooks?" When Lao Niu turned his head to look at Wang Chuan, Wang Chuan coughed twice and asked.
"Our company's rules and regulations are very sound. And there is an agreement that if an employee damages the company's property and causes the company to lose more than 3000 yuan, it is a major violation, and the company has the right to terminate the labor relationship." Manager Xu said
"Well, if there are regulations, there should be no problem." Wang Chuan said.
"But I have a question. We sent her a notice to terminate the labor relationship between the two parties. This is considered as our dismissal of her. She sent us another email to terminate the labor relationship on the grounds of wage arrears and demanded financial compensation. .
The dismissal notice sent by our company and the resignation email sent by the employee, the reason for the termination of the labor relationship is based on which one? " Manager Xu was puzzled.
"The dismissal notice belongs to the company's exercise of the right to terminate. Once it is issued and reaches the other party, it will take effect. It belongs to the right to form. After the other party receives the notice, it is meaningless to apply to your company for resignation. The labor relationship between your company and employees has already been issued by your company. It was canceled when the dismissal notice was issued, so the reason for the cancellation is that the other party has seriously breached the contract." Wang Chuan said.
"Oh! If you say that, the company doesn't need to give her any financial compensation!" Manager Xu said.
"Yes." Wang Chuan nodded.
"Well, it's already [-]:[-], let's chat while eating, I'll treat you." Manager Xu said enthusiastically.
"No need, we'll go back if there's nothing else to do!" Lao Niu said politely
"Don't get me wrong, I really want to treat you to dinner, it's just a working meal, don't get me wrong! It's been a long way for you to come here..." Manager Xu said.
"Okay, then we'd better obey orders than be respectful!" Lao Niu laughed.He didn't expect to have a meal after a trip.
When Wang Chuan and Lao Niu followed Manager Xu to the cafeteria on the basement floor, they both showed surprise in their eyes.
This is not a cafeteria, it is a restaurant at all, there are people watching at the door, and non-company personnel are not allowed to enter.There is a buffet in the middle of the cafeteria, with tables on the side.Wang Chuan felt that the entire cafeteria was nearly [-] square meters, very spacious and clean.
"It used to be a restaurant, but it was rented out by our company. It provides breakfast, lunch and dinner for the company's employees. Overtime employees can also have supper here, but the supper is relatively simple, and there will be no one after ten o'clock." Xu Xu said the manager.
Wang Chuan looked at more than 40 kinds of buffet delicacies and various fruits on the table, and couldn't help sighing secretly: the atmosphere!Money really makes a difference!
"Lawyer Niu, Lawyer Wang, you can do as you please! You're welcome!" After speaking, Manager Xu picked up a plate and walked towards the buffet.
Wang Chuan and Lao Niu walked up to a table for four with their plates and sat down.After a while, Manager Xu also came over.
Looking at the green vegetables on Manager Xu's plate, and looking at the various meats on his and Lao Niu's plates, Wang Chuan was a little embarrassed, it seems that there is no shortage of oil and water in his stomach!
"Manager Xu, what happened to the case last time?" Lao Niu asked after pondering for a long time.
"Hey! Don't mention it, the previous law firms told us all the hype, but the case was still lost.
Mr. Kang thinks that Lawyer Wang's words are more honest, so this matter is hand-picked by him this time, let me consult your opinions.
I originally wanted to call for consultation, but I was afraid that I would not be able to explain clearly, so I asked my assistant to call you. I didn't expect you two to come here so soon. Thank you for your hard work! Manager Xu smiled.
What is the truth!To put it bluntly, speak too bluntly!Lao Niu turned his head and took a look at Wang Chuan. It seems that speaking directly is not a bad thing at all!It's easy to remember!
Although he still hasn't received a case this time, and hasn't signed any service agreement, Lao Niu thinks it's worth it, at least he knows that he and Wang Chuan are registered in the heart of the boss of the other company, Mr. Kang!
Anyway, the company can't run away, and the future is long!Lao Niu believes that with his sincerity, he can always get the other party's kindness, even if he is a cold ass, he has to use his hot face to warm him up!Take him down!
On the way back, Lao Niu praised Wang Chuan greatly!
After entering April, the weather gradually warmed up. At one o'clock in the afternoon on April [-], Wang Chuan came to the Shijingshan Court. A young man surnamed Bai stood beside him, a little nervous.
After a while, Wang Chuan's familiar scene reappeared in front of him, and a chubby female clerk walked into the parties' lounge holding a stack of case files.
"Bai Huo! Has Bai Huo's agent come?" The female clerk looked across the room at the parties who were waiting for the trial, and said loudly.
"Here we come! We are here!" Wang Chuan hurriedly walked towards the female clerk, followed by the young man surnamed Bai.
When Wang Chuan and the young man surnamed Bai walked into the court, the company's agent, the woman in her 30s whom she had seen before, was already sitting in the dock.
Sitting on it was Judge Wu Hongyan. When she heard the footsteps, she raised her head and saw Wang Chuan. A strange light flashed in her eyes: This guy is representing the case again, but this guy is really good at it.
To be honest, judges do not like lawyers. Although they do not constitute natural enemies, many unscrupulous lawyers often cause a lot of trouble for judges to hear cases and release a lot of smoke bombs.
Their purpose of doing so is also different, some are to delay the time to meet the client's request, some are pure nonsense, and perform for the parties to see.
However, judges still admire those lawyers with high professionalism, because the professionalism of lawyers can help them sort out cases, brighten their eyes, and open a window for their thinking.
Occasionally, just like lawyers complaining about judges, judges privately complain about the attorneys of the case after the court session.
Over time, lawyers with high professionalism will leave a good reputation in the mouth of judges, and lawyers who talk nonsense all day long will also impress judges, of course, more negative than positive.
In the mouth of the judge in charge of labor in Shijingshan Court, Wang Chuan belongs to the kind of technical lawyer, not a lawyer who is a big liar, so lawyer Wu has a deep impression of him.
"...The court is now open, plaintiff, have your claims and factual reasons changed?" Judge Wu looked at Wang Chuan.
"No change!" Wang Chuan replied cleanly.
"Defendant defends!" Judge Wu said equally neatly.
"Defendant disagrees with plaintiff's claim.
The defendant believed that the content of the labor arbitration award was reasonable and legal. The plaintiff was dismissed because he spread unfavorable words against the company and executives in the Koukou group, which had a serious negative impact on the company and executives. Therefore, the defendant was not dismissed illegally.Request the court to dismiss the plaintiff's claim in accordance with the law. "The woman in her thirties said sonorously.
(End of this chapter)
"Does our company have relevant rules and regulations or employee handbooks?" When Lao Niu turned his head to look at Wang Chuan, Wang Chuan coughed twice and asked.
"Our company's rules and regulations are very sound. And there is an agreement that if an employee damages the company's property and causes the company to lose more than 3000 yuan, it is a major violation, and the company has the right to terminate the labor relationship." Manager Xu said
"Well, if there are regulations, there should be no problem." Wang Chuan said.
"But I have a question. We sent her a notice to terminate the labor relationship between the two parties. This is considered as our dismissal of her. She sent us another email to terminate the labor relationship on the grounds of wage arrears and demanded financial compensation. .
The dismissal notice sent by our company and the resignation email sent by the employee, the reason for the termination of the labor relationship is based on which one? " Manager Xu was puzzled.
"The dismissal notice belongs to the company's exercise of the right to terminate. Once it is issued and reaches the other party, it will take effect. It belongs to the right to form. After the other party receives the notice, it is meaningless to apply to your company for resignation. The labor relationship between your company and employees has already been issued by your company. It was canceled when the dismissal notice was issued, so the reason for the cancellation is that the other party has seriously breached the contract." Wang Chuan said.
"Oh! If you say that, the company doesn't need to give her any financial compensation!" Manager Xu said.
"Yes." Wang Chuan nodded.
"Well, it's already [-]:[-], let's chat while eating, I'll treat you." Manager Xu said enthusiastically.
"No need, we'll go back if there's nothing else to do!" Lao Niu said politely
"Don't get me wrong, I really want to treat you to dinner, it's just a working meal, don't get me wrong! It's been a long way for you to come here..." Manager Xu said.
"Okay, then we'd better obey orders than be respectful!" Lao Niu laughed.He didn't expect to have a meal after a trip.
When Wang Chuan and Lao Niu followed Manager Xu to the cafeteria on the basement floor, they both showed surprise in their eyes.
This is not a cafeteria, it is a restaurant at all, there are people watching at the door, and non-company personnel are not allowed to enter.There is a buffet in the middle of the cafeteria, with tables on the side.Wang Chuan felt that the entire cafeteria was nearly [-] square meters, very spacious and clean.
"It used to be a restaurant, but it was rented out by our company. It provides breakfast, lunch and dinner for the company's employees. Overtime employees can also have supper here, but the supper is relatively simple, and there will be no one after ten o'clock." Xu Xu said the manager.
Wang Chuan looked at more than 40 kinds of buffet delicacies and various fruits on the table, and couldn't help sighing secretly: the atmosphere!Money really makes a difference!
"Lawyer Niu, Lawyer Wang, you can do as you please! You're welcome!" After speaking, Manager Xu picked up a plate and walked towards the buffet.
Wang Chuan and Lao Niu walked up to a table for four with their plates and sat down.After a while, Manager Xu also came over.
Looking at the green vegetables on Manager Xu's plate, and looking at the various meats on his and Lao Niu's plates, Wang Chuan was a little embarrassed, it seems that there is no shortage of oil and water in his stomach!
"Manager Xu, what happened to the case last time?" Lao Niu asked after pondering for a long time.
"Hey! Don't mention it, the previous law firms told us all the hype, but the case was still lost.
Mr. Kang thinks that Lawyer Wang's words are more honest, so this matter is hand-picked by him this time, let me consult your opinions.
I originally wanted to call for consultation, but I was afraid that I would not be able to explain clearly, so I asked my assistant to call you. I didn't expect you two to come here so soon. Thank you for your hard work! Manager Xu smiled.
What is the truth!To put it bluntly, speak too bluntly!Lao Niu turned his head and took a look at Wang Chuan. It seems that speaking directly is not a bad thing at all!It's easy to remember!
Although he still hasn't received a case this time, and hasn't signed any service agreement, Lao Niu thinks it's worth it, at least he knows that he and Wang Chuan are registered in the heart of the boss of the other company, Mr. Kang!
Anyway, the company can't run away, and the future is long!Lao Niu believes that with his sincerity, he can always get the other party's kindness, even if he is a cold ass, he has to use his hot face to warm him up!Take him down!
On the way back, Lao Niu praised Wang Chuan greatly!
After entering April, the weather gradually warmed up. At one o'clock in the afternoon on April [-], Wang Chuan came to the Shijingshan Court. A young man surnamed Bai stood beside him, a little nervous.
After a while, Wang Chuan's familiar scene reappeared in front of him, and a chubby female clerk walked into the parties' lounge holding a stack of case files.
"Bai Huo! Has Bai Huo's agent come?" The female clerk looked across the room at the parties who were waiting for the trial, and said loudly.
"Here we come! We are here!" Wang Chuan hurriedly walked towards the female clerk, followed by the young man surnamed Bai.
When Wang Chuan and the young man surnamed Bai walked into the court, the company's agent, the woman in her 30s whom she had seen before, was already sitting in the dock.
Sitting on it was Judge Wu Hongyan. When she heard the footsteps, she raised her head and saw Wang Chuan. A strange light flashed in her eyes: This guy is representing the case again, but this guy is really good at it.
To be honest, judges do not like lawyers. Although they do not constitute natural enemies, many unscrupulous lawyers often cause a lot of trouble for judges to hear cases and release a lot of smoke bombs.
Their purpose of doing so is also different, some are to delay the time to meet the client's request, some are pure nonsense, and perform for the parties to see.
However, judges still admire those lawyers with high professionalism, because the professionalism of lawyers can help them sort out cases, brighten their eyes, and open a window for their thinking.
Occasionally, just like lawyers complaining about judges, judges privately complain about the attorneys of the case after the court session.
Over time, lawyers with high professionalism will leave a good reputation in the mouth of judges, and lawyers who talk nonsense all day long will also impress judges, of course, more negative than positive.
In the mouth of the judge in charge of labor in Shijingshan Court, Wang Chuan belongs to the kind of technical lawyer, not a lawyer who is a big liar, so lawyer Wu has a deep impression of him.
"...The court is now open, plaintiff, have your claims and factual reasons changed?" Judge Wu looked at Wang Chuan.
"No change!" Wang Chuan replied cleanly.
"Defendant defends!" Judge Wu said equally neatly.
"Defendant disagrees with plaintiff's claim.
The defendant believed that the content of the labor arbitration award was reasonable and legal. The plaintiff was dismissed because he spread unfavorable words against the company and executives in the Koukou group, which had a serious negative impact on the company and executives. Therefore, the defendant was not dismissed illegally.Request the court to dismiss the plaintiff's claim in accordance with the law. "The woman in her thirties said sonorously.
(End of this chapter)
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