Any measure, other than verbal observations, taken by the employer following an action by the employee that the employer considers to be wrongful constitutes a sanction. These measures may or may not immediately affect the employee’s presence in the company, their position, their career or their remuneration.
In addition, misconduct may only be sanctioned once. This is very important because sometimes, employers reprimand employees in writing before starting a formal disciplinary process. The subsequent disciplinary sanction would therefore not be valid, as Courts will determine that the first written reprimand already constituted a sanction.
For instance:
- A simple email containing various complaints about an employee and inviting them to follow the rules may be considered a warning. This warning prevents subsequent dismissal based on the same facts (Cass. soc., 9 April 2014, no. 13-10.939).
- Similarly, “reminders” and “warnings” in which an employer criticises an employee for acts that it considers to be wrongdoing constitute disciplinary measures (Cass. soc., 29 May 2024, no. 22-19.313).
In this case, an employer had made specific criticisms in a letter addressed to an employee and invited her to comply with instructions also set out in the letter. If she did not comply, she would be subject to disciplinary dismissal. This letter therefore constituted a disciplinary sanction, which precluded a further sanction for the same misconduct. Obviously, if the employee commits another instance of misconduct after that letter has been sent, the employer can sanction the employee for these new facts, and refer to the prior facts to demonstrate repeated wrongdoing.
Cass. soc.,1 October 2025, no. 24-14.048
