Triumph Against Unfair Dismissal: Brandon’s Legal Victory Over Contract Non-Renewal

In July 2022, an American teacher named Brandon, based in Shenzhen, sought my legal assistance. He had been employed by a school in Futian for nearly a year when the HR department unexpectedly informed him that his contract would not be renewed and that he was being dismissed.

Understandably dissatisfied with this turn of events, Brandon sought legal counsel and was referred to my services.

Upon reviewing the “Employee Separation Confirmation Form” provided to Brandon, I immediately identified clauses highlighted in red that would disadvantage him, specifically negating any entitlement to severance pay. This arrangement was clearly unjust.

HR insisted that Brandon would only receive his release documents if he agreed to sign the form. To counter this, I pursued a strategy of “signing under duress,” with the intent to persuade a court that Brandon had no alternative but to sign to avoid being indefinitely barred from securing new employment.

I coached Brandon on how to elicit explicit threats from HR, and their response was precisely what we needed: a clear-cut threat. A single threat might have sufficed, but for absolute certainty, I instructed Brandon to provoke further threats. This tactic proved effective, resulting in the necessary evidence to secure Brandon’s release documents.

A month later, Brandon secured new employment, and we proceeded to prepare for litigation. By the end of October, we had compiled all the evidence, including bank transfer records, his work permit, WeChat conversations, and the employment contract, and officially filed the lawsuit.

The legal proceedings progressed more swiftly than anticipated. Aware that the outcome was unlikely to be in their favor, the school opted to minimize their losses by proposing a settlement offer, which was substantial.

Brandon accepted the settlement, and we promptly executed a settlement agreement, duly stamped by the arbitration committee. It’s crucial to note that when agreeing to a settlement, ensure that it is endorsed by a court or arbitration committee. This way, should the other party default on payment, you can petition the court for compulsory enforcement, which may involve directly deducting the due amount from the company’s bank account.