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Hiring & Firing French Supreme Court

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
K&L Gates LLP

Internal Investigations of Harassment Claims

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In areas of French law that are ambiguous, the French Supreme Court regularly issues rulings to specify the scope of an employer’s obligations, including in the context of harassment claims. French caselaw has set the rules...more

BCLP

Private life and disciplinary dismissal

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In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email...more

Hogan Lovells

Our Employment Law team reviews three rulings of the French Court of Cassation

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Specific consultation in the event of restructuring: no obligation to consult the works council upstream on strategic orientations. Payment of an annual bonus provided for by collective agreements provisions: strict...more

Dechert LLP

Economic Difficulties as Basis for Termination (Cass., Soc., June 1, 2022, n° 20-19.957)

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The French Supreme Court has just provided very useful guidance for employers on how to secure a valid termination: when justifying a termination on grounds of economic difficulties, the employer can only consider the period...more

K&L Gates LLP

The French Supreme Court Confirms the Maximum Amount of Damages for Unfair Dismissal

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The French Supreme Court confirmed the application of the scale provided by the French labor code for claims of unfair dismissal (called the Macron Scale) in two decisions dated 11 May 2022,2 thereby providing some security...more

Littler

French Supreme Court Approves the Macron Scale for Dismissal Damages

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On May 11, 2022, the French Supreme Court issued two long-awaited decisions on the statutory scale of indemnification—i.e., the Macron scale—currently applicable in cases of dismissal without cause....more

Dechert LLP

Sélection de jurisprudence - France / Second semestre 2020

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Un employeur conclut une rupture conventionnelle avec une salariée après lui avoir adressé deux avertissements successifs. La salariée conteste par la suite cette rupture conventionnelle, en avançant que son consentement a...more

Dechert LLP

Selected case law - France / Second semester of 2020

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An employer concluded an amicable termination with an employee after giving her two successive disciplinary warnings. The employee subsequently contested this amicable termination, arguing that her consent was invalid due to...more

Littler

French Supreme Court Validates Statutory Scale of Compensation for Unfair Dismissal Cases

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Since September 24, 2017, the compensation to which employees are entitled in unjust dismissal actions in France has been governed by a statutory scale with minimum and maximum amounts. The amount of the severance, expressed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

French Labor Court Holds: Look The Other Way And Pay

France is world-renowned for its protection of employees against adverse employer actions, particularly unilateral terminations. Like virtually all other countries outside the United States, France does not recognize at-will...more

BCLP

Clarifications Regarding Trial Period by the French Supreme Court

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With two decisions dated March 31 and April 15, 2016, the Employment Division of the French Supreme Court (“Cour de cassation”) clarified the legal framework applicable to trial periods. The Supreme Court explained how to...more

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