On May 15, 2020, TOM a department manager at a Shanghai company, got into an argument with his boss, JACKSON.
In the heat of the moment, the boss said one word:
“Get lost.”
TOM took it as dismissal. He packed up and left.
Days passed. The company didn’t call him back. When TOM finally returned on May 29 with his wife and asked, “Can he still work here?” the boss replied, “Go home and wait.”
So TOM waited.
Then came a letter: the company fired him for “unauthorized absence and multiple days of absenteeism,” citing its attendance policy — three days of absence equals automatic resignation.
TOM sued.
The labor arbitration company won
First round: Company won
The trial court ruled that “get lost” was just angry talk, not a clear termination. TOM should have come to work. His absence counted as misconduct.
Second round: Complete reversal
The appeals court looked closer and found a critical flaw:
From May 16 to May 29, the company never once asked PanTOM to return to work.
Even on May 22, when a company representative contacted TOM about other matters, no one told him to come back.
On May 29, when TOM asked if he still had a job, the boss said, “Go home and wait.”
That’s not absenteeism. That’s the employer’s failure to give clear instructions.
The court ruled: Wrongful termination. The company was ordered to pay TOM 160,000 RMB
Key Legal Takeaways
1. An angry “get lost” is not a legal firing.
Verbal venting, without a clear statement of termination, does not count as dismissal.
2. If an employee stops showing up and the employer never asks them to return — that’s not absenteeism.
Absenteeism requires the employee to willfully refuse work without excuse. If the employer’s instructions are unclear, the employee cannot be blamed.
3. Employers bear the burden of proof in termination cases.
To fire someone for absenteeism, the company must prove: (a) the employee was unjustifiably absent, and (b) the employer made reasonable efforts to ask them to return to work.
The Bottom Line
One word. 160,000RMB
Not a warning — a real court decision.
For employers: Manage your emotions. Follow legal procedures. Send written notices. Give clear instructions. Document everything. One angry word won’t fire an employee — but it might cost you in court.
For employees: Don’t just “get lost.” Communicate. Document. Seek legal help. Your rights are worth protecting.
your attention pls,china is not a case law country,and judges have discretionary power.this case only serves as a reference for similar cases,and specific circumstances must be analyzed on a case-by-case basis.
I m michael a lawyer in beijing the capital of china.Follow me for more insights into Chinese law and learn how to better protect your rights.
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