Beijing employment litigation practice includes the representation of executives, professionals, employees and partners in cases involving all aspects of employment law, including the enforcement of employment contracts and claims arising under national, provincial and local employment discrimination laws.

Most Companies would agree that their personnel are their most important asset.  Most companies would probably also agree the field of employment law gives them the most headaches, and causes the most lost sleep.  Our China Employment Litigation Attorneys have significant experience with all facets of employment law, and work closely with the lawyers in our China Employment Law practice group to most effectively represent our clients’ interests.

Here is a sampling of the types of Employment Law matters our Litigation Attorneys routinely handle:

Non-Competition Agreements:  Non-competition agreements (commonly called a “Non-compete”) are becoming more common, and yet the law surrounding these agreements remains volatile and changing.  We often see employers trying to protect their interests, but because they were unaware of some of the pitfalls, they ended up having a Non-compete that was entirely unenforceable.  For instance, finding a form document on the internet, which may be enforceable in another state, may leave an employer unprotected. Whether you are an employer trying to enforce a Non-compete, or an employee trying to understand whether you are bound by one, our lawyers have significant experience negotiating and litigating Non-compete matters.

Termination / Separation:  Termination of an employment relationship can often lead to discord and misunderstanding.  This is particularly true in a down economy, where terminated employees have difficulty finding replacement employment, and thus can feel financial pressure to assert some claim against their former employer.  Our lawyers represent clients involved in disputes over termination or separation issues, including severance and release agreements.

Discrimination / Harassment Claims:  Sometimes, a terminated employee tries to strike back at their former employer by pressing a claim of discrimination or harassment.  Our lawyers represent clients in such matters at all levels, including local or national agencies, and in the Courtroom.  Our lawyers have written various articles about aspects of discrimination and harassment, such as this one addressing employment law and this one addressing an employer’s liability for a predecessor’s acts of discrimination.

Employment Litigation Representative Case

• Representation of a senior trader at a hedge fund in litigation to recover a guaranteed bonus the firm refused to pay.
• Representation of the head of equity derivatives at a leading global bank in litigation alleging that the level of her compensation and the decision to terminate her were the product of gender discrimination and retaliation.
• Representation of a group of union members in the hospitality industry where employers and union had failed to properly calculate and distribute pay and benefits in accordance with an arbitrator's ruling in their favor.
• Representation of three female investment advisors employed by a major retail brokerage firm in a litigation against the firm for the systematic gender discrimination they suffered in the assignment of customers promotion and pay.
• Representation of the former chair of a nationally-acclaimed department of a medical school in whistle-blower litigation alleging that he was removed as chair because of his efforts to end financial fraud and improper medical practices that he uncovered after taking over the chairmanship.
• Representation of the former general counsel of a Forbes 500 manufacturing company in litigation alleging she was terminated in retaliation for complaining of gender discrimination.
• Representation of leading medical school faculty members in litigation against the medical school over their rights to a commercially valuable pharmaceutical patent conceived during their tenure at the school.
• Representation of a tenured professor at Public Administration School of a leading university in proceeding by the school to terminate his employment.
• Representation of a senior commodities broker and his new business in litigation by former employer seeking a preliminary injunction preventing him from future contact with suppliers and customers of former employer.
• Representation of two senior sales executives who left their employer for a competing firm in litigation by former employer seeking a preliminary injunction and damages.
• Representation of insurance salesman who moved from one agency to another in litigation by former employer seeking a preliminary injunction preventing him from working for new employer.
  Representation of large group of employees and former employees alleging that the grooming policies of a multinational company discriminated against them on the basis of their religious beliefs.

Do not hesitate to talk to our Beijing labor lawyer when you encounter employment or labor dispute in China. The laws and regulations  regarding labor and employment is a bit different from other countries. Do not suppose some rules are similar or the same as your own country -  there is no common sense in this regard.

As experienced Beijing employment and labor lawyers, we draft employment agreement and employee handbook for both employer and employee. We also accept employment and labor contract related consultation, labor arbitration and employment litigation matter.