What is unfair dismissal?
A dismissal is considered unfair (or "without real and serious cause", sans cause réelle et sérieuse) when the employer cannot justify a valid reason for terminating the employment contract. This can apply to a dismissal for personal or economic reasons.
Grounds frequently challenged
- Unproven professional inadequacy
- Serious misconduct (faute grave) not established
- Fictitious economic grounds
- Failure to follow the legal procedure
What remedies?
The employee has 12 months from notification of the dismissal to bring a claim before the employment tribunal (conseil de prud'hommes). If successful, they can obtain:
- Compensation, the amount of which is capped by the "Macron scale" (barème Macron)
- Reimbursement of unemployment benefits by the employer to France Travail (formerly Pôle emploi)
- In some cases, the nullity of the dismissal (discrimination, harassment, etc.)
Why consult a lawyer?
Employment tribunal proceedings have specific rules on evidence and time limits. Maître Durbec helps you assess the strength of your case and supports you at every stage of the procedure.
For any question about a dismissal you consider unjustified, the office is at your disposal.