Dismissal and vexatious circumstances: can your employee claim damages even if the fault is justified?

One of my employees, who takes drugs and stole money from my store, was dismissed for serious misconduct for this reason. He accuses me of having mentioned this to clients and therefore considers that his dismissal took place in vexatious circumstances. Even though he has committed a fault, can he be compensated?

The Court of Cassation recalled that even when it is justified by a serious fault of the employee, the dismissal can cause to this one, because of the vexatious circumstances which accompanied it, a prejudice of which it is founded to seek compensation.

In the past, it had already established case law according to which the merits of a claim for damages on account of the vexatious conditions of the termination of the employment contract is independent of the merits of the latter.

In the present case, an employee (bar manager) had referred to the industrial tribunal a claim for damages for moral damage caused by the circumstances of his dismissal for serious misconduct which, according to him, are , vexatious. He reproached his employer for having spread in public on the reasons for his dismissal by evoking that he was taking ...