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Fired...being forced to write a resignation letter

Posted by titi_oz-210208 - Created: 7 years ago
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5 replies (Showing replies: 1 to 5)

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Posted by ardowa - 4 years ago

hello, by any chance how did the employment end? I am in similar situation and am forced to resign voluntarily, I don't know what to do. 

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Posted by titi_oz-210208 - 7 years ago

Correct, he didn't go to work today, although he usually has 2 days off per week, it's up to him to choose which ones he takes.
He has been employed for over a year, on a CDI in a private residence. No the employeur is not laying off more than 9 people and no it's not consensual.
Thanks for taking the time to write!!!

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Posted by ChristopherL-188542 - 7 years ago

Woops - in my haste to get the above written, I realise now on re-reading that you asked for advice on what your friend's rights are and what the employer can actually do. French labour law is pretty complicated and depends on a lot of variables so let's simplify with some assumptions a) that the employee has a CDI, b) that he is outside of his "période d'essai" , c) that the employer is not laying off more than 9 people, d)that this rupture is not consensual (this is a super-complicated case).
If the above are NOT true then be careful - much of the following may also not be true.

So if above assumptions are true, then employer has to choose between licenciement économique or licenciement pour motif personnel. The licenciement pour motif personnel has several grades including several grades of fault - all of which put quite an enormous burden on the employer to prove. An employer would have to be quite stupid/vindictive to use this method UNLESS the indemnities due to the employee (under convention collective) become very high (usually due to long service) and he is looking to cut his costs significantly. The reason for this is that it is ALWAYS possible for the employer to make an easy case of "licenciement économique" and just fire the employee with all the indemnities provided for by the convention collective - these vary a lot depending upon profession. However in more mundane jobs typically you might expect to see a CC indemnity of something like 1 to 3 months of notice plus say 1 week to 3 or 4 weeks of pay for every year of service - so your friend would need to do his own calculation to determine what that is in his personal case.
Unfortunately I have seen a few times now here in France, employers really trying to stiff employees who are not aware of their rights and offering trinkets like a month of pay in cash whereas they could have LEGALLY and DECENTLY laid off the employee for something like 3 to 4 months of cost. That is usually no big deal for an employer and nickel&diming the poor laid off employee is just disgraceful because.... as your friend has already determined .... the huge risk in accepting these trinkets is to kiss goodbye to your unemployment benefit.
Employers who do not respect these basic and decent principles deserve to have a hounddog lawyer take them for everything through the Prud'hommes and Inspection de Travail.
Good luck to your friend for standing strong and leaving with pride and decency.

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Posted by fiona06 - 7 years ago

>>As far as the law is concerned what are the rights of my friend and what can his ex employer actually do?I understand your friend did not go to work this morning. This could be considered an "abandon de poste" if there was no written evidence that he was allowed or asked to stay home. He could be fired for this reason. Your friend should keep going back to work until the situation gets clearer (report today as a sick day). If he is not allowed in, he should pay a huissier to testify that he was not allowed in (this is illegal). And then get a lawyer.

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Posted by ChristopherL-188542 - 7 years ago

Support your friend immediately. It is most unlikely that a month's pay in cash will be worth anything close to his unemployment benefits (unless he has only been working a few weeks).
He definitely should not resign unless he has a lawyer or union délégué representing him who can negotiate a rock-solid cash settlement worth more than 3x the Convention Collective for indemnité licenciement plus 2 year's of chomage. Believe it or not I have seen companies pay this sort of premium to ensure a smooth exit. Maybe your friend would be happy with a smaller sum as a little nest egg but that would be a good starting point and whatever is agreed he needs legal advice if he is going to resign otherwise he must expect to receive nothing.
By the way - he should turn up for work (and get a witness that he was either allowed or denied entry) until this is resolved otherwise his absence (even on verbal agreement) might provide grounds for a case of faute grave.
Millionaire!! at whose cost?