May x ,2008

Re: Response for Suspension and Formal Warning Letter to xxx.

Dear Mr. xxx:

Please be advised that this firm represents xxx(Client), an employee of xxx Co.,Ltd.(Company), with regard to a Formal Warning Letter company presented him and suspension of his work.

According to our Client, On x May, 2008, Company interviewed him out of the office for xxx’s complaint.
After interview Client was sent home and was not be allowed back to work waiting the Company\'s decision.

A few days later, company presented Client a Formal Warning Letter, in which company informed him that his behaviors to xxx were extremely inappropriate as a senior leader of the Agency and has caused management great concerns. Client’s so-called conducts are regarded as“gross misconduct”. Even though our Client has asked Company for evidence several times, not any evidence has been provided to prove the consents of the Formal Warning Letter and therefore the Client refused to sign it. So Company informed Client he cannot engage back into the office until Warning Letter is signed by him. In the meantime, the suspension of Client’s work has continued.

Client claims that this is a case brought by an underperforming employee-xxx who was evaluated, arrived below expectation and was to be terminated. A termination agreed to by the board and not followed thru due to the Company looking for more economical ways to terminate him.
Therefore the disciplinary record from company just based on this employee’s complaint is deemed inappropriate.

In addition to the above, Client claims that what company has done, including disciplinary action of Formal Warning Letter and suspension of his work illegally and announced it to the staff , has infringed his lawful rights and damaged his reputation.

We hereby notify officially the following:

1、Company shall provide evidences regarding the facts of Formal Warning Letter within 2 days upon receipt of this legal letter.
2、That Company suspended Client’s work is illegal and,
3、Company shall fully pay Client’s salary during the illegal suspended period
4、On behalf of Client, we would be prepared to negotiate with Company for resolving this case in an amicable and expeditious manner.

If you have any questions or require any additional information, please do not hesitate to contact us.

Very truly yours,

Lily Dai, Esq.

Attorneys Licensed in the People’s Republic of China