The Shanghai Second Intermediary Court recently decided a case involving a former general manager who claimed wrongful termination against his former company and requested continued performance of his employment contract. The claim was filed after the company removed the general manager’s position through a board resolution and terminated his employment contract. The judge in the case found the termination was wrongful because the company failed to produce evidence demonstrating the general manager had seriously violated company rules and regulations, which is required by PRC Labor Law. Interestingly, the judge deviated from common practice and upheld the general manager’s request for continued performance of his employment contract by finding that the company could still resume his employment contract by transferring him to other positions. This decision may create uncertainty in the future, because typically judges reject requests for continued performance when a senior employee’s former position no longer exists and instead require the employer to pay double severance as a compensation for wrongful termination.