Use of digital tools: Can insulting messages be used as grounds for disciplining an employee?

Yes: Messages sent via work email are presumed to be work-related and may serve as grounds for disciplinary action.
In this case, an employee had sent insulting and disparaging messages about his superiors from his work email account.
He argued that these exchanges were part of his private life.
The Court notes that messages sent via work tools are presumed to be work-related, unless explicitly stated otherwise.
As long as their content is work-related, they may be used in disciplinary proceedings.
Cass. soc., Jan. 14, 2026, No. 24-18.877, F-D

Work arrangements: Can an employer deny an employee their Sunday rest?

No: this constitutes a modification of the contract, which requires the employee’s consent.
An employee had been entitled to a day off on Sundays for many years. Following a reorganization, the employer changed the work schedule and now required the employee to work on Sundays. The employee refused and was terminated for insubordination.
The Court ruled that the elimination of the Sunday day off affects an essential element of the employment contract. The employee’s refusal therefore does not constitute misconduct, and the dismissal was found to be without real and serious cause.
Cass. soc., February 4, 2026, No. 24-17.033

Mutually Agreed Termination: Can a Settlement Agreement Prevent Any Dispute Over the Amount of the Specific Severance Pay?

No: The specific severance payment is governed by public policy rules and remains subject to challenge.
Following a court-approved mutual termination agreement, an employee signs a settlement agreement with his employer.
He then challenges the amount of the specific severance payment, which he believes is below the legal minimum.
The employer invokes the settlement agreement.
The Court notes that the rules governing the specific severance payment are matters of public policy: no settlement agreement may prevent an employee from verifying that the amount paid complies with statutory or contractual minimums.
Cass. soc., February 4, 2026, No. 24-19.433

Redundancy: How far must an employer go in seeking to redeploy employees within the company?

The search must be genuine, thorough, and well-documented across all entities where staff transfers are possible.

When a layoff is being considered at a company belonging to a group, the employer must explore all possibilities for reassignment within companies whose organizational structure allows for staff transfers.
In this case, only a few internal searches had been conducted, with no justification for investigations in the group’s other entities.
In the absence of sufficiently extensive and documented efforts, the dismissal is deemed to lack real and serious cause.
Cass. soc., February 11, 2026, No. 24-18.886