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Dismissal - Refusal of the Court of Cassation to Enshrine the Right to Silence of the Employee During the Preliminary Interview. By Frédéric Chhum, Lawyer and Audrey Peynaud, Juriste.
In an unpublished judgment (Court of Cassation, Civil, Social Chamber, 13 May 2026, 25-11.250, Unedited), the Court of Cassation refused to grant the right to remain silent of the employee during the interview prior to the dismissal. I. Facts. An employee was laid off on a conservatory basis and then called for a preliminary interview before being dismissed for serious misconduct. She challenged her dismissal before the court. The employer's ass…
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In an unpublished judgment (Court of Cassation, Civil, Social Chamber, 13 May 2026, 25-11.250, Unedited), the Court of Cassation refused to grant the right to remain silent of the employee during the interview prior to the dismissal. I. Facts. An employee was laid off on a conservatory basis and then called for a preliminary interview before being dismissed for serious misconduct. She challenged her dismissal before the court. The employer's ass…