Thibault
Lawyer · Guéron, France
- 101 cases handled · 12 in this service
- 17+ years in practice
- Speaks: French, English
- DEA International law, Caen Law University
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4.91(7 reviews)
Unfair Dismissal & Employment Disputes in France
In France an unfair dismissal is a licenciement sans cause réelle et sérieuse, usually called licenciement abusif, and disputes go to the labour court, the conseil de prud'hommes. English-speaking employment lawyers advise employees and employers on dismissals, negotiated departures and other workplace disputes.
About Unfair Dismissal & Employment Disputes in France
Unfair dismissal in France — also searched as wrongful dismissal, constructive dismissal or an employment dispute needing an employment lawyer — is licenciement abusif in everyday French; the legal question is whether the dismissal had a real and serious cause (cause réelle et sérieuse). Disputes between employers and employees are heard by the labour court, the conseil de prud'hommes. Some older lists and lawyer pages call this service “Employment Law: Dismissals & Disputes”. More on the area: employment law in France.
Who it concerns
Foreign employees dismissed or pressed to resign, staff offered a negotiated departure, people with unpaid overtime or a disagreement about their contract, and employers — often foreign-owned companies — who need to end an employment relationship correctly.
How a dismissal works in France
- The employer invites the employee to a prior meeting (entretien préalable) where the reasons are discussed.
- The dismissal letter states the reasons; they frame any later dispute.
- A notice period usually follows, then the final documents: the final pay statement (solde de tout compte), the employment certificate and the form for unemployment benefit from France Travail.
- An employee who contests the dismissal brings a claim before the prud'hommes, which begins with a conciliation stage before any judgment.
Other ways a job ends
A rupture conventionnelle is an ending agreed by both sides and approved by the labour administration, with an indemnity and, as a rule, access to unemployment benefit. An employee facing serious breaches by the employer can ask the court to end the contract or can break it off and blame the employer (prise d'acte), close to what English law calls constructive dismissal — a risky step without advice. An employee who stops coming to work and does not return after a formal notice may be treated as having resigned.
Points to watch
- The time to bring a claim is limited, differs by type of claim and is short for some.
- Compensation for a dismissal without real and serious cause follows a scale set by law, except where the dismissal is void, for example for discrimination or harassment.
- The collective agreement of the sector (convention collective) often gives more than the labour code.
- For a foreign employee, losing the job can affect the residence permit — see work visa.
What a lawyer does
Reads the contract, the letters and the pay slips, explains the options in English, negotiates a departure or a settlement and checks its terms through a contract review, prepares and argues the case at the prud'hommes, and for employers runs the procedure and drafts the documents, including confidentiality and non-disclosure terms.
Questions and answers
Is it hard to be fired in France?
The employer needs a real and serious reason and has to follow the procedure. Dismissal is possible, and it can be challenged.
Is a rupture conventionnelle a good option?
It can be, since it usually keeps the right to unemployment benefit, but the amount and the date are negotiable, and both sides have a short period to change their minds after signing.
Is a lawyer required at the prud'hommes?
Not at first instance, but the procedure and the evidence are technical, and the other side is often represented.
Will the case be heard in English?
No. Hearings and documents are in French; an English-speaking lawyer explains every step and works from translations where needed.
1 lawyer who provides Unfair Dismissal & Employment Disputes in France
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What our clients say about our service in France
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Very helpful advice, with a clear explanation of the right course of action.
— Stephen27 Jun 2022 -
It was a good experience. The lawyer was very responsive and helpful in ending a contract relationship. We communicated by email and phone, all in English, and he answered all our questions very quickly. He reviewed our contracts and advised us on the impact and on possible improvements. All in all it was very positive, and we can certainly recommend his service.
— Nicola27 Oct 2025Unfair Dismissal & Employment Disputes -
I was facing an involuntary departure from a job of 23 years, and the lawyer's calm, steady guidance was invaluable. She explained the workings of the law, my entitlements and the steps I could expect, then helped me with each of them over several months. She was readily available in person or by phone, and was clear and tactful both with me and when we wrote jointly to my ex-employer. She played a crucial part in reviewing and editing the agreement in its English and Spanish versions, and the company accepted everything she insisted upon. Her unbending professionalism, clarity and patience with my questions were just what was needed to bring an unexpected and difficult situation to a satisfying conclusion. I could not be happier to have found her.
— Frank05 Mar 2025Unfair Dismissal & Employment Disputes -
When my family needed an English-speaking lawyer in Spain, he was a godsend. He took charge straight away, and his professionalism, together with his command of Spanish law, got me through a complicated situation. He is the person to go to if you must work your way through the hard-to-reach rights and obligations of the Spanish legal code. He is also compassionate and understanding, and he was always available and ready to help. I recommend him without any hesitation to anyone who needs effective legal representation.
— Annette13 Sep 2024Unfair Dismissal & Employment Disputes -
The team contacted me promptly and put me in touch with a fitting lawyer straight away, which I really appreciate as my issue was pressing. The lawyer was very helpful too: a preliminary opinion arrived before the call we had agreed on, and more detail followed during the call. I will be sure to get in touch again whenever a lawyer is needed.
— Paulo15 Mar 2024Unfair Dismissal & Employment Disputes -
The lawyer replied very quickly, gave an excellent analysis of the legal matter and proposed changes to the contract clauses that truly reflected my interests. Everything was explained clearly and simply, and I was very satisfied with the outcome.
— Dr.20 Mar 2023 -
If you too are looking for English-speaking lawyers who are good, I doubt you will find a team as professional and diligent. Both lawyers were calm and informative, reassured me and made me feel confident about my employment case. In court they appeared much more professional than the lawyer on the other side, and the result for us was favourable. For anyone who does not speak Spanish and wants good advice, these are the lawyers to turn to. I highly recommend them, lovely people!
— Sammi03 Mar 2023Unfair Dismissal & Employment Disputes -
Fast reply, and a polite lawyer who explained things well and knows the facts. I got just the information I needed, and his English was perfect.
— Elin17 Aug 2022 -
The lawyer was helpful and caring from the very start. My case was with the British Consulate in Malaga and she did not flinch, even though dealing with a government organisation is so difficult, if not impossible. She also supported me emotionally because of the way I was being treated, and I was not in a state to make any decision for myself. She gave me the confidence to face the challenge ahead, explained everything in perfect English, and we finished the case with the compensation and the result that I wanted. The help I received was excellent. I would not hesitate to recommend her service to anyone, and I am truly grateful for her help and support.
— Jean31 Jul 2022 -
I valued how well she explained things and the suitable solutions she offered.
— Sayuri08 Oct 2021 -
I highly recommend this lawyer: great and easy to work with, highly efficient and helpful, and her English is perfect. I will certainly use her again if I ever need to.
— Kate21 Jun 2021Unfair Dismissal & Employment Disputes, Cyprus -
The lawyer is excellent. She was attentive and made sure I got the best possible outcome, and I am very satisfied with it.
— Mark27 Jan 2021