Shanghai Showdown: Employee Fired After Tirade Against Smoking Boss
A Shanghai court has sided with a company that terminated an employee after she posted a scathing online rant about her boss’s smoking habits. The employee, identified as Xu Xiaojiao, reportedly took to her WeChat朋友圈 (Moments) to publicly denounce her superior, allegedly writing, “Are people who smoke in the office idiots? Why haven’t they died yet?”
The company subsequently terminated Xu’s employment. Xu then filed suit,
demanding 139,881.61 yuan in compensation for wrongful termination.
The Second Instance Court upheld the original ruling, pointing to the company’s employee handbook. The handbook explicitly classified “insulting, defaming, threatening, intimidating, or assaulting others (e.g., leaders, colleagues, guests, etc.)” as a Category C offense, resulting in a 30% reduction in performance-based pay and constituting a serious violation leading to immediate contract termination.
The court found that Xu’s WeChat comments exceeded the bounds of mere “uncivil language” and constituted abusive remarks, clearly falling under the Category C definition outlined in the employee handbook. The court dismissed Xu’s argument that a Category C offense required proof of severe physical or psychological harm, stating that it contradicted the explicit language of the company policy.
Xu further argued that her post was intended as a form of smoking cessation advice. The court acknowledged the potential impropriety of smoking in the office but maintained that even legitimate concerns must be addressed through appropriate channels. Xu’s resort to public insults, the court reasoned, went far beyond reasonable discourse and therefore lacked justification, solidifying her violation of company policy.
Ultimately, the appeals court affirmed the initial ruling, validating the company’s decision to terminate Xu’s employment.
The court denied Xu’s appeal, underscoring the importance of professional conduct, even in the digital age.
Original article, Author: Tobias. If you wish to reprint this article, please indicate the source:https://aicnbc.com/5070.html
