A salesperson for a jewelry business filed a lawsuit against her employer, won the labor dispute, and soon after that lost her pay for dancing on Tiktok. This Friday, this incident involving a woman named Esmeralda Mello became viral on social media.
The employee filed a case and demanded acknowledgment of an employment relationship dating back farther than the period shown on the work card, moral damages for failing to register, and moral damages for degrading treatment at work. The g1 portal provided the data.
Esmeralda had won the case, but the conviction was overturned after she posted a video of herself dancing with two companions who had been present when the incident happened. “My pals and I are suing the hazardous firm.
Biography Of Dancing TikToker Who Faced Lawsuit Esmeralda Mello?
Esmeralda Mello, a salesperson at a jewelry store, sued, requesting acknowledgment of an employment relationship dating back beyond the period specified in the work permit, moral damages for failing to register, and moral damages for treatment that was degrading at work. She had first succeeded in court.
However, after publishing the post and with the help of two friends who were present as witnesses, Esmeralda had her conviction overturned.
She stated: that she and her buddies are planning to sue the poisonous firm in the video’s caption.
Soon after the success, she decided to “mock” the firm by posting a video of herself dancing on her TikTok profile. Esmeralda appeared in it with her companions, who served as court witnesses. So she was forced to return to court.
Judge Verdict Over TikTok Lawsuit Of Esmeralda Mello
The fact that the witnesses Esmeralda presented had a tight friendship relationship was overlooked during the proceedings until the judges analyzed it.
Additionally, the court of the first instance in So Paulo deemed the post disrespectful, according to the Regional Labor Court of the Second Region.
The testimony was so thrown out. Additionally, it was determined in the sentence that the professional and the witnesses abused the legal system and the Labor Court, using the venue as a backdrop for offensive postings and the publication of dance online, according to the agency’s note.
The three were ultimately found guilty of bad faith litigation (abusive or corrupt behavior committed by one of the parties to the proceeding). They will now be required to pay a fine equal to 2% of the case’s total worth to the company.
Esmeralda Mello Pays Fine To The Store After Lawsuit
The video was viewed as having a disrespectful attitude by TRT. The three ladies included in the book were consequently found guilty of bad faith litigation, which determines abusive or dishonest behavior by one of the parties involved in a process immediately after the court’s ruling.
The group will now be required to pay a fine based on 2% of the amount the business would have paid Esmeralda. “This is a joking and pointless attitude toward the company and the Labor Court itself.
Additionally, it shows that their goals were aligned, thus demonstrating their partnership, according to Silvia Almeida Prado Andreoni, the case’s rapporteur.
