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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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1 Month ago my CEO (i work for a french company in paris, im

Customer Question

1 Month ago my CEO (i work for a french company in paris, im on a CDI contract) (and before this good friend) launched a scathing attack ony character, accusing me of having no care for the company or product etc, and that I was only interested in myself.
I was called in to speak to HR the next day and whilst there was an attempt to calm the situation its clear to me that i will have no chance of progressing / having a future in the company.
I gave it 1 month to see if things improved but they havent, so last week I arranged A HR meeting between myself and the HR manager and my line manager to explain that the situation hadnt improved and to discuss what my options were, 1 option discussed was that we find an amicable agtreement and end my employment, the Hr manager claimed they "didnt want me to leave" so were not interested in reachign an agreement with me, and that if i wanted to leave i would have to resign.
Now i have bene approached by 4 different employees askign why i am leaving, it turns out the company (via my line manager) is telling my fellow employees that I am leaving and even who my replacement is, I feel this is not only hugely unprofessional as the option was discussed behind closed doors and nothing has been agreed or confirmed or signed (i have not handed in any resignation or anything) but it also feels like an attempt to undermine and make my position here even worse so that I hand in my resignation.
DO i have any legal recourse in this situation?
Submitted: 3 years ago.
Category: French Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

yes thats fine, i realised my question is quite specific so no worries i can wait a bit longer

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Thegonnec replied 3 years ago.
You only have two options, if you really want to leave:

The first one is to resign as you cannot force an employer to negotiate an end to your contract.

The second one is, if you believe your position is impossible and that your employer has committed a fault against you that makes it impossible to remain in the company, to operate a "prise d'acte de rupture" (end your contract) and take the matter to the Conseil de Prud'hommes to have the court recognize that this rupture of employment was forced by the employer's illegal behavior or breach of contract. This option is risky since if the court decides the employer's behavior, though unpleasant, was not illegal and not in breach of your employment contract, this amounts to a resignation + legal costs...
From what you describe above, the tactics employed by your employer are unlikely to be ruled sa being in breach of contract. Besides, you would have to prove positively that the employer informed your colleagues of you wish to terminate your contract (he will claim the contrary...)

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