An employee was hired in FIXED-TERM CONTRACT: titleContent. The employer terminates his contract a few months after the end of his probationary period.

The employee refers the matter to the labor court, stating that the termination is abusive. He's asking for damages.

The employer states that this breach occurred during the trial period. He added that the contract had been extended by a contractual amendment. He therefore argues that the breach is legal. In addition, it justifies its decision by a serious fault of the employee.

The Court of Appeal considers that this break is not an early break but a dismissal. The latter is devoid of real and serious cause because the letter of rupture did not contain a reason. According to the appeal judge, the employee is entitled to severance pay and not to compensation for wrongful termination of the contract.

The Court of Cassation gives the right to compensation for abusive termination to the employee. It recalls that an early termination without legal grounds is abusive. She noted that the employer did not indicate a reason in the letter of termination and that it occurred after the trial period.

It therefore does not validate the Court of Appeal's argument since the employer did not comply with the formalities for terminating the contract. The latter is thus ordered to pay damages to the employee at least equal to the remuneration he would have received until the end of his contract.