Chapter 409: Might as Well Make a Big Scene!
@Xiaotongtong: How about it, did you see it? Did you see what this thing is called? Come on, read it with me: Indictment. This thing is called an Indictment.
You said I was a Keyboard Warrior who wouldn't dare to get serious, so what about now?
If Zhou Yi had used his main account to post this news, then needless to say, it would undoubtedly feel like using public opinion to interfere with a judicial verdict.
But Zhou Yi is currently using a secondary account, a secondary account that absolutely no one recognizes, so there is no such problem at all.
As for whether it will be exposed later, that doesn't matter; the point is to make this "Xiaotongtong" see it.
At home, Ren Tong had just posted that article and was currently confronting many people. Because she had to click to view the comments, she spotted this unique reply at a glance.
What is this?
Ren Tong clicked to open it and was instantly stunned.
This person actually issued an Indictment?
So, was the Company sued by this person?
Ren Tong sat on the sofa, dumbfounded. At this moment, she understood what a hell of a surprise was.
It could be said that she had done things like talking big online far too many times. She didn't know how many times she had said things like "If you have the ability, go sue; if you don't, shut up," and she had never encountered any trouble.
But today, she encountered it.
This surprise was truly too big, so big that she found it hard to comprehend. Just for a single sentence said online, you actually go to the trouble of applying for a job and filing a lawsuit—this is purely sick as hell!
Finally, her phone slipped and fell to the floor, making a sound that startled Ren Tong back to her senses.
"My phone..."
Some replies had already appeared in the comment section, all from people who had argued with Ren Tong. Seeing this comment, it was truly as refreshing as having a can of ice-cold carbonated drink on a hot day!
They were truly fed up with this person, always telling people to go do this or that, but everyone has to make a living; no one could really get serious over a single argument.
But now, the big brother has taken action.
"Too awesome. I am willing to call this brother 'Big Brother.' Someone like this really should be taught a lesson!"
"Where are you? Why aren't you talking anymore? You told people to go sue, and they really went to sue, why aren't you saying anything now?"
"I wonder what that Company will think after seeing this news."
Just as everyone was expressing their thoughts to their heart's content, Ren Tong finally logged into her account on the computer.
"You sued, right? Is that it? What did I say before? There are so many so-called employment discriminations online, why don't you get serious about all of them? You're only suing Xilai Company, right?"
For a stubborn person, even if you cremate them, their mouth still won't burn away.
After finishing, seeing that the other party didn't reply, Ren Tong became even more energized.
"Speak up, go on and speak! If you don't have the ability, don't go around blabbering, you know?"
Inside Guangming Peak Residential Quarter, Zhou Yi looked at the reply in front of him and smiled.
He didn't say anything more, just silently took screenshots of these replies one by one. Competing for a moment of dominance was useless.
Seeing that the other party was no longer speaking after being retorted by him, Ren Tong began to feel happy.
Since the other party was dead set against Mediation, then let's have a Litigation. Ren Tong felt that no matter what, the other party's demands would certainly not be supported. Just for saying one sentence, wanting so much money—what are they thinking!
There was no spotlight, nor was there any traffic support; just like that, in a low-key manner, the Hangzhou Internet Court opened the trial for the case of Xu Zhengnan versus Xilai Company regarding the Tort of Right to Equal Employment!
Zhou Xinran sat in front of the computer, replying in a businesslike manner. This was another benefit of the Internet Court: except for some evidence that must be verified offline, such as certain originals, everything else could be conducted online.
Of course, the Internet Court could also decide on an offline trial.
Unlike in the past, looking at the pile of notes on the notebook, Zhou Xinran deeply understood that sentence from Zhou Yi and Lawyer Fang: even leading a dog could win...
It really was like that. Looking at these notes, one could tell that the level of that Lawyer Huo seemed even higher than before; his judgment of the opposing agent's debating points was extremely precise!
For example, the other party would say this was an Employee's personal behavior, a slip of the hand by an Employee, caused by carelessness.
Actually, many people could guess this point—temporary workers, an old tradition.
However, specific cases must be analyzed specifically; one cannot say that all job-related actions necessarily represent the Company, nor can one say they don't represent the Company.
Specifically in this case, the evidence was at what time the other party's personnel Manager viewed the resume, at what time they replied "unsuitable," and the reason for being unsuitable: "Handong person."
This was electronic evidence, which required logging into the backend of Lianzhi Recruitment for verification.
Here, it must be emphasized that many people are not very clear about how to make the Court accept electronic evidence.
If you search online, too many cases come up, various Lawyers giving you their interpretations, and sometimes what they say is contradictory, leaving you very confused about who is actually right.
The answer is: don't look at those flashy things; only look at the legal provisions, the corresponding Judicial Interpretation, and then the classic cases of Case Interpretation.
Article 15 of the "Provisions of the Supreme People's Court on Evidence in Civil Litigation" clearly stipulates that when a party uses audio-visual materials as evidence, they shall provide the original carrier that stores the audio-visual materials.
The simplest example: can WeChat chats be used as evidence? The answer is, of course, yes.
What you need to do is provide the original. Chat screenshots and the like are basically not accepted; you need to log in directly from your phone to see the original chat records.
Here, I recommend the simplest method, which costs money: take the chat records for Notarization.
The staff at the Notary Office will tell you whether this thing can be notarized, and if not, what you need to do. Once the Notarization is done, you can use it as evidence.
If the other party says you fabricated this with two WeChat accounts, then make them provide evidence; Cross-examination requires evidence.
Huo Pengfei certainly wouldn't save money for Boss Zhou; he spent one thousand yuan to conduct the Notarization, proving that the submitted electronic evidence was genuine.
Therefore, in the evidence presentation and Cross-examination session, there was no objection to this evidence, and then it was the Court Debate stage.
There were two focuses of the dispute between the two parties: first, whether employment discrimination existed; second, whether the employment discrimination led to adverse consequences, and whether Xilai Company had subjective fault!
Zhou Xinran didn't even need to say much about the first point. Regional factors belong to "ascribed factors," which the Laborer cannot change, while Article 3 of the "Employment Promotion Law" clearly stipulates that when listing the four legally prohibited grounds—ethnicity, race, gender, and religious belief—it ends with the word "etc.," indicating that this clause is an open-ended clause that is not fully exhaustive.
This is also why many of our legal provisions end with "etc."; it is impossible to list everything. This part is what needs to be supplemented by Judicial Interpretation as time passes, and then there is the judge's Free Discretion.
To put it in one sentence, what counts as an adverse consequence?
Now, many people online, including many Lawyers, have jumped out to say that only if one becomes depressed can Mental Damage Compensation be generated; this is clearly wrong at a glance.
In this case, Huo Pengfei argued that the other party's actions directly deprived Xu Zhengnan of the opportunity to participate in employment equally as a Laborer, causing harm to his personal dignity and freedom of will.
Therefore, there is a causal relationship between the damage Xu Zhengnan encountered in his job search and the tortious act of Xilai Company.
It was too simple, truly too simple; Zhou Xinran had never handled such a simple case before.
The things the other side said were basically all guessed correctly by Huo Pengfei.
For example, the legal counsel for Xilai Company argued that both parties had never met in reality, and this matter had never been disseminated, so there was no damage at all.
Then, they were directly retorted by Zhou Xinran.
This didn't even require meeting, because the incident of refusing someone on the excuse of being a "Handong person" itself caused damage, specifically psychological damage to a person.
However, the issue of compensation was open to debate.
You cannot say that just because your personal dignity has been damaged, you must be awarded a large amount of Mental Damage Compensation.
The Court must take comprehensive considerations when calculating the amount of this compensation.
Consequently, after the adjournment, the Hangzhou Internet Court publicly delivered the verdict, sentencing Xilai Company to compensate Xu Zhengnan ten thousand yuan and to issue a public apology in the national-level media, the Legal Daily.
The other litigation requests of Xu Zhengnan were dismissed.
Out of the ten thousand yuan, one thousand yuan was the Notarization Fee, which is to say, the actual compensation was nine thousand yuan.
But after seeing this result, Zhou Xinran smiled, because she knew that Huo Pengfei's initial thought was that it would be quite good to get five thousand yuan in compensation.
Alright, one case settled!
It was as easy as going out for an outing.
Meanwhile, inside Xilai Company, Wang Zong, who had watched the entire trial, smashed his phone directly.
He truly felt aggrieved; for no reason at all, he had to pay someone else ten thousand yuan!
And he still had to issue a public apology in a national-level media; this was simply unbelievable!
Ren Tong was even more unable to understand it, but in the face of a verdict, even if you cannot understand it, you must accept it.
If not understanding it were useful, then what would Compulsory Execution be for?
However, an Appeal requires presenting new evidence; if there is no new evidence, the Second Instance is just going through the motions.
Soon, Ren Tong had an idea!
"Wang Zong, look, the Court ruled that we lost because of regional discrimination. If we have evidence that our Company actually has Handong people, then wouldn't it be impossible to rule like that?"
Once Wang Zong heard this, he immediately became interested. That's right, if our Company has Handong people, you certainly can't say we engage in regional discrimination.
But the Company really didn't have any Handong people; what to do?
"This is easy to handle, Wang Zong. Leave it to me. Find a Handong person to hire, sign a Labor Contract retroactively, and pay social security retroactively; these are all permitted by law. By then, we can use it as evidence."
But this loss was a bit large... However, Wang Zong still agreed to it.
Time passed day by day, and Zhou Xinran's life recently had been very fulfilling.
Those companies that were sued all had an incredulous look, thinking they shouldn't have been sued, but the example of Xilai Company told them that an enterprise's freedom in hiring also has limits.
And today, Zhou Xinran received a notification that Xilai Company had filed an Appeal and submitted new evidence.
As a result, when she looked at that evidence, she smiled again.
Using the fact that there are Handong people in the company to prove that the company does not have employment discrimination in recruitment—I don't know which "genius" came up with such an idea.
Why do we say to analyze specific cases specifically? This matter of yours can only prove that you didn't discriminate before; it has nothing to do with this case.
Unsurprisingly, Xilai Company lost the Second Instance even more thoroughly.
Ren Tong fell silent. No matter how much she felt this shouldn't be, it was useless, because a lost lawsuit is a lost lawsuit.
At this time, Zhou Mouren in Jingzhou had already finished the first episode of the documentary.
You really don't know until you film it; it was shocking once he did. He previously thought he could film nine episodes, but now he discovered that one civil right is enough for one episode.
Well, nothing to be done about it, just release one episode first. As for the remaining eight episodes, talk about them later; anyway, he, Zhou Mouren, has dug plenty of holes.
So, on that day, the documentary, which was a full hour long, was posted online.
The name of the entire documentary is: Laborer.
And the name of the first episode is: Right to Equal Employment.
Zhou Mouren's idea was still very good. He wanted to play it big. He wanted to take the Laborer from before joining the company, to after joining, then to resignation, dismissal, etc., and conduct a systematic Case Interpretation by combining the Labor Law and other laws according to the chronological sequence.
This includes many tricks companies play, the empty talk they use, the words they use to scare people, as well as what methods you can use to secure evidence and how to seek Legal Aid.
There was no help for it; he, Zhou Yi, had suffered this loss. Many laborers today really need guidance, especially in the link of securing evidence.
This idea also received the support of Lawyer Fang. For this reason, he specifically expressed that if there was anything he was needed for, he could help.
No matter how many cases of labor disputes there are, it is impossible to truly scare those employing units. Only when every Laborer learns how to seek Legal Aid can they be made to have some misgivings!
The voiceover was, of course, completed by Zhou Mouren himself, but unlike those voiceovers in videos, for a documentary, the most important thing is recording and explaining.
After about a few hours of review, this documentary appeared online, completely free.
Immediately, this documentary was like a heavy bomb, bombing the entire internet!
Even though there was only one episode.
And after the documentary was released, Zhou Yi posted an update again: Dedicated to this film, to respond to "Xiaotongtong", there really are some people in this world who present facts and reason things out.
In Guang City, Yuan Jie had already gone to sleep, but she was woken up by the sound of the video update.
There was no help for it; when Zhou Yi released the video, it was seven or eight o'clock, but because of the review process, by the time this video was truly released, it was already past two o'clock in the morning.
Rubbing her sleepy eyes, Yuan Jie said speechlessly: "Is this person crazy now? Why would he release a video at such a ghostly hour?"
However, she still clicked in to watch. Out of habit, she was going to say "Short and weak, hurry up and update," but just after finishing typing, she saw the video length was one hour and fifteen minutes...
Damn, the Pigeon Spirit is really crazy!
Major short video platforms were even more speechless: Big brother, we collaborated with you to have you release those fragmented short videos, and now you've started putting together a documentary of over an hour?
Shouldn't this thing be negotiated with major platforms in the form of copyright transfer?
This person actually released it for free!
End of Chapter
