Fired Worker Wins €100,000 After Unlawful Alcohol Test Dismissal
- The case dates back to October 14, 2020, in the south of France.
- Following the test, the employer summoned the employee to a preliminary interview hours later, placed him on a protective suspension known as a mise à pied conservatoire, and...
- He initiated a multi-tier legal challenge before the Carcassonne labor tribunal (conseil de prud'hommes) and subsequently the Montpellier Court of Appeal.
The case dates back to October 14, 2020, in the south of France. A company manager directed the site supervisor to take an alcohol breath test. He initially refused before submitting to the test, which returned a positive result.
Six-Year Legal Battle Ends in Major Payout
Swift Dismissal Followed by Immediate Challenge
Following the test, the employer summoned the employee to a preliminary interview hours later, placed him on a protective suspension known as a mise à pied conservatoire, and dismissed him for gross misconduct two weeks later.
The employee immediately challenged the termination. He initiated a multi-tier legal challenge before the Carcassonne labor tribunal (conseil de prud’hommes) and subsequently the Montpellier Court of Appeal.
Procedural Failures Overturn Dismissal
While the employer relied on the positive breathalyzer result to justify the firing, the Montpellier Court of Appeal ruled on April 3, 2024, that the dismissal was unjustified and lacked real and serious cause. The ruling was subsequently upheld by the Court of Cassation, bringing a definitive end to the litigation.
Legal experts note that the termination was overturned not because the employee was deemed sober, but because the evidence was legally flawed.
Internal Rules and Denied Rights
The corporate rulebook stipulated that breathalyzers must be certified, tests must be administered by trained personnel, and employees must be explicitly informed of their right to challenge the results.
Furthermore, the site supervisor was denied the opportunity to contest the findings or demand a counter-expertise, directly violating company policy.
Financial Penalties and Re-imbursements
The final court rulings oblige the company to pay the former employee 102 911 euros in total damages and back pay. This financial penalty covers cumulative lost wages, unpaid notice period indemnities, severance, and damages.
In addition to the payout awarded directly to the plaintiff, the employer must reimburse France Travail for six months of unemployment benefits collected by the supervisor. The company was also ordered to pay legal costs associated with carrying the dispute to the Court of Cassation.