Firing toxic employees – how complicated is it in France?
Cass. soc., 14 February 2024, n° 22-14.385 & n° 22-23.620
Firing toxic employees - how complicated is it in France?
As French employment law requires cause for termination, it all comes down to whether the employer has sufficient knowledge and evidence of the situation.
For this reason and because France-based employers have a general obligation to safeguard their employees' health & safety, conducting a formal investigation is highly recommended when employees blow the whistle about a toxic/harassing colleague.
Two recent rulings by the French Supreme Court illustrate this:
Case no. 1 (14 February 2024, ruling no. 22-14.385):
Several written testimonials from employees and staff representatives showed that the director of a nursing home adopted an inappropriate management style likely to intimidate and harm the health of her subordinates. This management style had resulted in the resignation of two employees, one employee going on sick leave and had generated discomfort and suffering for many staff members.
Worth noting: the termination for serious misconduct was deemed justified by the French Supreme Court although certain written testimonials had not been formally investigated by the employer (for this reason (among others) the court of appeal had ruled that the termination was unfair).
Case no. 2 (14 February 2024 ruling no. 22-23.620):
The investigation report revealed that the employee's behavior involved:
criticism and mocking of others;
verbal and physical violence;
destabilization of professional relations;
manipulation that went beyond mere jokes between colleagues;
two-faced attitude which caused suffering in the workplace.
The employee's 22-year tenure and her argument that she should have been able to "cross-examine" the five employees heard as part of the investigation did not convince the French Supreme Court, which confirmed the validity of the termination for serious misconduct.
Both cases underscore the importance of thorough evidence gathering when dealing with harassing conduct in the workplace and, ultimately, ensuring a healthy workplace environment.