An American educator, whom I'll refer to as "Henry" to protect his privacy, approached me for assistance. Henry, an English teacher at a private school in Guangdong, was abruptly dismissed following the closure of the school's international department. The school attempted to coerce him into forfeiting his rights by withholding his flight subsidy, release letter, and cancellation letter unless he consented to submit a resignation.
Resigning voluntarily, through a letter or form, results in the loss of severance pay entitlements. Many mistakenly believe that if severance pay isn't specified in the contract, they're not eligible for it, but this isn't the case.
Henry, knowing he'd been wrongfully terminated and seeking justice, faced a dilemma. Without signing, he couldn't secure new employment abroad, as both a release letter and a cancellation letter are essential for expats to transition between jobs.
In this challenging situation and uncertain of his next steps, Henry conducted legal research and found one of my articles in a WeChat group. Recognizing my expertise and track record of success, he sought my legal advice.
I recommended that Henry sign the form regardless, as there was clear evidence of coercion, making his forced signature legally disputable. Henry obtained his release and cancellation letters, enabling him to pursue new job opportunities, while we prepared to take legal action against the school.
Shortly after Henry received his documentation, my team and I initiated legal proceedings at the labor arbitration committee. We claimed four months of Henry's salary as severance, given his two-year tenure and wrongful termination.
Upon learning they were being sued, the school quickly realized the gravity of their misconduct. With a trial date set and an arbitrator appointed, we entered a negotiation phase where the school, anticipating a likely loss in court, sought a settlement.
Eager to resolve the dispute, the school proposed a settlement amount that matched our demand, minus a small deduction for Henry's outstanding rent for the final month. Henry was ecstatic with the resolution, having not anticipated such a swift and favorable outcome, especially one nearing a six-figure sum.
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