France: Depriving an Employee of All Work and Means of Access to the Company May Constitute Verbal Dismissal

In France, the dismissal of an employee is subject to a strict procedure. Namely, the employee must be invited to a pre-dismissal meeting. The company must then wait at least 2 working days before sending the employee their official dismissal letter, which must be sent by registered letter with acknowledgement of receipt. Until such a letter is sent, the company cannot tell the employee that they have been dismissed or act in a way, which makes it clear that the decision to dismiss the employee has been made. Otherwise, this is considered a verbal dismissal and automatically considered to be without cause; therefore, allowing the employee to claim damages for unfair dismissal.

On 11 June 2025, the French Supreme Court considered that the fact that the company had asked an employee on long-term sick leave to return his files, company car, keys and badges amounted to a verbal dismissal.

Key Action Points for Human Resources and In-House Counsel

Be careful when interacting with employees on long-term sick leave and requesting them to return company assets. Ensure that the rules on access to files and emails is clearly defined in your IT Charter.