Focus on the procedure for clarifying the dismissal letter by the employer

1/ Reminder of the procedure: In application of articles L. 1235-2, R. 1232-13 (for dismissal for personal reasons) and R . 1233-2-2 (for dismissal for economic reasons) of the Labor Code, the reasons stated in the dismissal letter may, after notification thereof, be specified by the employer, either on his initiative or at the request of the employee Within 15 days following notification of dismissal, the employee may, by registered letter with acknowledgment of receipt or delivery against receipt, ask the employer for details on the reasons stated in the dismissal letter. The employer has 15 days after receipt of the employee's request to provide clarification if he wishes. He communicates these details to the employee by registered letter with acknowledgment of receipt or delivery against receipt. Within 15 days of notification of dismissal and using the same procedures, the employer may, on its own initiative, specify the reasons for dismissal. 2/ Jurisprudential contributions: According to the Court of Cassation, the employer is not required to inform the employee of his right to request that the reasons for the dismissal letter be specified (Cass, soc., June 29, 2022, n° 20-22.220). The Amiens Court of Appeal has just confirmed that the Labor Code does not require the employer to respond to a request for details. It should be noted that, in this case, the employee had requested clarification but without indicating the points he wished to see clarified. The employer then questioned him, without the employee responding. The judges considered, in this case, that the dismissal letter was sufficiently reasoned and that the employer could not usefully respond to the employee (CA Amiens, February 22, 2023, n°22/01187). In a case submitted to the Toulouse Court of Appeal, the letter of dismissal for economic reasons notified to the employee did not specify the material element of the reason (impact on employment). The employee therefore contested his dismissal but the judges considered, on the basis of article L. 1235-2 al.3 of the Labor Code, that since he had not used the right to request clarification on the reasons within 15 days, insufficient motivation did not, in itself, deprive the dismissal of real and serious cause (CA Toulouse, February 24, 2023, n°21/04119). In a case submitted to the Paris Court of Appeal, the employee asked for details on the reasons for dismissal and the employer responded vaguely. The judges considered, in this case, that the motivation of the dismissal letter did not allow them to exercise their control. The details provided by the employer being insufficient, the dismissal was deemed to lack real and serious cause (CA Paris, April 5, 2023, n°20/02287).