Source date: 2026-02-26
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Respect for private life
Can an employee be dismissed for a reason related to their private life? Published on February 27, 2026 - Updated on April 2, 2026 - Service Public / Directorate of Legal and Administrative Information (Prime Minister)
An employer discovers that one of his employees is married to a former employee with whom he has a legal dispute. He believes the employee should have informed him and dismisses him "for real and serious cause." Is he entitled to do so?
This case concerns an employee working as an internal auditor for a luxury brand. The company discovers that he is married to a former colleague engaged in legal proceedings against the company. It decides to dismiss this employee.
The company reproaches him for knowingly concealing his marital status, which constitutes "a lack of integrity and honesty, yet essential for the exercise of (his) duties." It also invokes a clause in the employment contract and the code of ethics requiring employees to disclose any potential conflict of interest.
The employee takes the case to the labor court (conseil de prud'hommes). He seeks the nullification of his dismissal, which is based on an element pertaining to his personal life.
The labor court and then the court of appeal reject his claim. For them, there was a "possible risk" of conflict of interest due to the marital tie with a former employee engaged in legal proceedings with the company. The voluntary nature of the concealment could cast doubt on the employee's loyalty.
The employee appeals to the Court of Cassation.
Is failing to declare a marital tie sufficient to characterize a breach of the obligation of loyalty, leading to dismissal?
Service Public answers:
According to the Court of Cassation, the employee was not obligated to disclose his family situation. It recalls that, under Article 8 of the European Convention on Human Rights, Article 9 of the Civil Code, and Article L.1121-1 of the Labor Code, the employee retains the right to privacy of their private life, even in the workplace.
Furthermore, for the Court, the mere existence of a legal dispute between the employee's spouse and the employer is not sufficient to characterize a conflict of interest. The "possible risk of conflict of interest" upheld by the court of appeal is not enough. It did not find that the employee's marital status "was related to his duties and likely to influence their exercise to the detriment of the company's interest."
For the Court of Cassation, an employee cannot be dismissed for a reason related to their private life, such as the identity of the person they are married to.
Legal texts and references
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Source: Service-Public professionals
