In France, actions taken by an employee in his or her
personal life cannot generally be used by the employer to justify a
disciplinary dismissal.
Dismissal for personal speech or activity can only be justified
if it constitutes a breach by the employee of an obligation arising
from the employment contract. According to case law, a private
conversation that is not intended to be made public cannot
constitute such a breach.
French courts tend to apply this principle very strictly, and a
recent decision by the Court of Cassation provides yet another
example of this.
In the case, the employer discovered that an employee had sent
racist and xenophobic emails to colleagues using her work email.
The employer dismissed the employee for gross misconduct.
