Under French law, damages for unfair dismissal are determined by the judge within a scale set by the French Labour Code (article L.1235-3). The amount awarded to employees takes into account the payments already made as severance allowance but also the harm actually suffered by the employee.
To limit this financial exposure, companies often use the LinkedIn profile of ex-employees to demonstrate that they found a new job shortly after their dismissal.
In a case dated 30 mars 2022, the French Supreme Court accepted such LinkedIn profile as valid proof of the employee’s financial status, even though, in this case, the judges considered that the employee’s profile did not demonstrate she had found a new position within a month after the dismissal.
