Becoming a lawyer starts with raising a Xiezhi

Chapter 288 Turn the case over

Being deceived into writing a resignation application was not the true expression of student Qiu Xuantong, so the hotel should pay him financial compensation in accordance with the provisions of the Labor Law.

However, this is only one-sided statement made by Qiu Xuantang. If there is no evidence to prove it, the court will not accept it.

However, there was no other proof at the time, so where can I find evidence?
Litigation is all about evidence. Without evidence, it’s useless to say what you say. Many cases are lost not because there is no reason, but because there is no evidence.

If you want to help Qiu Xuanxiang's classmate win this lawsuit, you must find evidence that the hotel manager deceived his classmate.

This is hardly possible.

At this time, only he can find out the truth and see if Qiu Xuanxiang's classmate is lying.Meng Lang used his eye of truth to check the situation at that time, and found that what Qiu Xuanxiang's classmate said was correct, and that the hotel supervisor had indeed deceived him.

The truth is like this, but how to find the evidence to prove the truth?

Unless the hotel manager admits that he cheated Qiu Xuanxiang's classmates, or there was a recording to record the whole situation at that time, there is no other evidence to take.

Maybe he could get the hotel director to tell the truth with his blind eyes, but if the hotel director didn't appear in court, where would he get him to admit it?
He was talking about this matter when Xiaoyan suddenly said to him: "Master, Xiaoyan has a recording function now, and can record the truth."

Meng Lang was surprised when he suddenly heard what he said and asked how it could record the truth?

Xiaoyan said: "Xiaoyan recorded the truth while checking the truth. The owner only needs to put the disc away."

"Where is the disc?" Meng Lang asked hurriedly.

Xiaoyan said: "It's in the bright space."

Meng Lang hurriedly went to the Bright Dimension to have a look, and saw that Xiao Hei was playing with a CD in his mouth. He took the CD from Xiao Hei's mouth, then came out, put it into the computer and played it. The sound of two people talking at the scene.

This is just a recording, but with such a recording, it can prove the situation at that time.

This is great, but can such evidence be used as evidence in court?

Evidence must have a source of evidence. If there is no source of evidence, it is illegal, and illegal evidence cannot be used as evidence.

Meng Lang thought about how to solve this problem for a long time, and finally came up with a trick. He asked Qiu Xuanxiang to call his classmate over. There is a recording pen in the pocket, and the scene is recorded.

If Qiu Xuanxiang's classmate had secretly recorded the incident on the spot, the evidence would still be usable, but the evidence would not be unavailable because the source of the evidence could not be proven.

The first instance only ruled against Qiu Xuanxiang's classmate. The main reason was because there was no evidence in this regard. Now that the evidence is submitted, the hotel will probably be dumbfounded.

After making such preparations, meng lang and Qiu Xuanxiang went to the court together.

The verdict of the first instance was very clear. It was certain that Qiu Xuanxiang’s classmate would lose the case. Therefore, the hotel did not even hire a lawyer during the second instance, thinking that it would not lose the case.

As a result, after the court session, when Meng Lang submitted the evidence, the hotel was dumbfounded, because they didn't understand legal matters, and they couldn't even produce evidence to cross-examine them, so they could only let Meng Lang and Qiu Xuanxiang hang and beat them.

This is the difference between hiring a lawyer and not hiring a lawyer. Hiring a lawyer may be of no use, but if you don't hire a lawyer, you will face a great disadvantage. If the hotel hires a lawyer, it can at least ask questions about the source of the evidence and let Meng Lang Qiu Xuanxiang and Qiu Xuanxiang won't win so easily, but they didn't hire a lawyer, and they didn't even know how to cross-examine this aspect.

"Your Honor, he hired two lawyers. We didn't hire a lawyer. It's not fair." The legal representative of the hotel was anxious in court.

After hearing this, Qiu Xuanxiang said, "Are you blaming us for not hiring a lawyer? This is not a question of whether to hire a lawyer or not. This is the responsibility you should bear. It's only more than 1 yuan. Don't cheat any more. .”

"I didn't have this recording before. Your recording must be fake." Although the hotel doesn't understand the law, it understands common sense and knows that it must veto this matter.

"Whether it's fake or not, you know it in your heart. If you want to say it's fake, please come up with evidence." Qiu Xuan said to the hotel.

After the hotel heard this, they were speechless. At this time, they regretted that they should not continue to hire a lawyer. Although the lawyer's fees almost exceeded 1 yuan, they did not want to pay more than [-] yuan to Qiu Xuanxiang's classmates.

After the judge listened to it, he asked Qiu Xuanxiang's classmates about the situation, mainly asking him under what circumstances the recording was obtained, what was the situation at that time, and to ensure that the recording did not violate national laws and regulations.

Qiu Xuanxiang's classmate answered very well, saying that he secretly recorded it when he was negotiating with the hotel manager, and that his doing so did not violate national laws and regulations.

After the judge finished asking, he nodded. Due to the new evidence in the second trial, the case was different from the first trial.The hotel did not provide strong evidence and reasons to challenge the recording, so the court decided to accept it.

The employer cannot terminate the contract with the employee without reason. If the contract is terminated without reason, it needs to pay economic compensation to the employee.And if the laborer applies for resignation, the employer will not compensate the fund.

Therefore, smart workers will ask the employer to fire them instead of applying for resignation, and the employer will change the way to let the worker resign, so as to avoid the employer's obligation to pay the worker economic compensation.

Qiu Xuanxiang really didn't expect the case to be overturned, and he didn't understand why his classmates didn't show the recorded evidence during the first trial.

Although it is not too late to show it now, it is also very dangerous. If the intermediate court does not recognize this evidence, the lawsuit will be lost.

Not long after the court session, the intermediate court issued a judgment, revoked the judgment of the first instance, and ruled that the hotel should pay more than 3000 yuan in economic compensation according to law.

Although the money is not much, it is also Qiu Xuantong’s hard-earned money. At the same time, it also reminds the employer that when it comes to employing people, they must abide by the law and strictly review the employment contract. Otherwise, the employment contract will be terminated without authorization. legal liability.

Seeing that the case was overturned, Qiu Xuanxiang's classmates were very happy. They felt that Qiu Xuanxiang was really capable, so they overturned it when they said it was overturned. Qiu Xuanxiang didn't ask him for the lawyer's fee, which was equivalent to helping for free.

However, meng lang also gained a lot of experience points, which was a lot of money converted into pottery coins.

(End of this chapter)