Worker who found ways to stay on the job wins €24,000 after wrongful dismissal

Fourteen positions listed in an initial letter, followed by nine more a few months later. This worker, born in Morocco and employed at a French car factory, had looked for ways to keep his job despite his health problems. His employer did not pursue any of them. Four years after his dismissal, the Versailles Court of Appeal has ruled in his favor.

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The man, now 58, joined the company in December 2005 as a production worker before becoming a forklift operator. Health problems gradually restricted his movements, particularly in his shoulders and neck. Recognized as a worker with a disability, he suffered an occupational accident in September 2021. The occupational physician then declared him unfit for his position, while specifying that he could still do another job, provided, in particular, that he did not carry loads weighing more than one kilo.

The company said it was impossible to find him another position. Seven jobs identified by the occupational physician were already held by other employees with medical restrictions. The manufacturer also said it had contacted its facilities across France, with no success. He was dismissed in March 2022.

Positions identified by the worker, but inadequate responses

The worker did not simply wait for an offer. With support from union representatives, he identified several jobs that might suit him. Letters were sent to management, including one just days before his dismissal.

This work weighed heavily with the judges. The employer did not provide specific answers about each of the positions mentioned. Nor did it produce staff registers that would have made it possible to check whether the jobs were available. In its ruling of September 9, 2026, the court found that the company had not shown it had conducted a “fair and serious” search.

The dismissal was therefore ruled to be without real and serious cause. It was a victory for the former employee, who had lost his case before the Versailles labor court in November 2023.

The judges also cited several difficulties he faced after his accident: it was reported nine days after it happened, salary certificates were sent late to the health insurance agency, and there were errors in his payslips. These procedures had forced him to follow up repeatedly.

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The bill comes to €22,000 for the unfair dismissal, plus €2,000 for the employer’s disloyal performance of the employment contract. The company must also reimburse him €3,800 in legal costs and pay the court costs.

The employee also sought damages for discrimination related to his disability and union activities. The court did not uphold those allegations. It was the inadequate search for another position and the administrative difficulties he faced that enabled him to win his case.