HK court decides case where agent was fired days after husband gave notice

A Hong Kong court recently examined a case where an insurance agent challenged her contract termination that occurred shortly after her husband, who worked for the same company, announced his intention to leave.

The worker argued her termination constituted marital status discrimination and breached implied contractual terms requiring good faith and valid reasons for termination.

The worker maintained she had been performing successfully and had given no indication of wanting to leave the company, yet was abruptly terminated without explanation. She challenged the subsequent demand to repay substantial signing bonuses and incentives under clawback provisions.

The case raised important questions about how personal relationships affect employment decisions and when termination might cross the line into unlawful discrimination.

Termination context reveals marital connection

The worker joined FWD Insurance (FWD) in 2015, receiving a signing fee of HK$2.17 million and monthly bonuses of HK$90,601 for 24 months. Her contract included provisions requiring full repayment if terminated within 24 months.

When her husband submitted his resignation on 5 May 2017, the worker's regional director signed her termination form the same day, leaving the "reasons for termination" section blank. Three days later, she received notice of termination without explanation and was immediately locked out of company systems.

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