On November 8, 2013, the Supreme People’s Court published Guiding Case No. 18, ZTE (Hangzhou) v. Wang Peng. The court held: “An employee who ranks in the last tier of an employer’s graded evaluation is not thereby ‘unable to do the job.'” Ranking last does not meet the legal conditions for ending a contract unilaterally, and the employer cannot dismiss the employee on that ground.