Insulting or threatening remarks, particularly towards a line manager, often justify dismissal for serious misconduct.
This was the ruling in the case of:
- a secretary who publicly described her branch manager as “useless and incompetent” and the managers as “idiots” (Cass. soc., 9 November 2004, no. 02-45.830);
- insulting remarks made about a company’s manager, who was described as “devious, manipulative and dishonest” in front of witnesses (Cass. Soc., 2 February 2006, no. 04-47.786).
In this case, however, the Court of Cassation ruled that the seriousness of the offence could be mitigated by the circumstances involved.
The disputed remarks had been addressed solely to the managing director and brought to the attention of the chairman. There was no evidence that they had been disseminated to anyone else.
They were made in response to a change in the employment contract that the employer wanted to impose on the employee concerned. The employee could only perceive this change as a demotion.
These acts were indeed wrongful but, in view of the context, they did not constitute serious misconduct on the employee’s part.Cass. soc., 13 November 2025, no. 24-13.794
