It’s one of the soap operas of the moment. Guillaume Meurice was suspended Thursday pending a possible sanction which could go as far as dismissal, four days after repeating his joke about Benyamin Netanyahu, whom he compared to “a Nazi without a foreskin” at the end of October. Certainly, few of us are comedians in public service, but a summons of the same kind can happen to all of us; such are the hazards of wage employment. Now that we’ve said that, how do you prepare for it?
First of all, it is important to understand that this exchange is not necessarily synonymous with dismissal. This summons can result in all kinds of disciplinary sanctions: from reprimand to call to order, including dismissal for misconduct.
Be discreet
The first thing to do is to stay calm and evaluate your options. For Johan Zenou, lawyer at the Paris staff, “when the employer notifies such a procedure, it generally goes through to the end; it is extremely rare for employers to go back on it. » While waiting for said interview, management should not be given too much food for thought. “The best thing is to talk as little as possible. In which case the employer may aggravate or even add grievances against you. »
However, this does not mean going it alone: you have the possibility of being represented, by a staff representative or by a third person outside the company, which we call employee advisor. Do not hesitate to request this support, which can – slightly – rebalance the balance of power in this disciplinary council for adults and challenge possible abuses.
Contest the sanction
Because yes, your boss is subject to a principle of proportionality, such that he cannot sanction you too severely for the slightest disappointment. Are you convinced that you are experiencing an injustice when you leave your interview? In the event that you wish to contest the decision, do so by collecting elements that undermine the opposing party’s argument: “The employee can, for example, request video surveillance from his employer to contest the decision. He must immediately ask himself the right questions and gather as much evidence as possible,” explains the lawyer. Another argument that weighs heavily is time. Two months after the facts with which you are accused, the employer is no longer able to sanction them. This is the prescription mechanism. Please note that this does not concern criminal acts, such as gender-based violence.
Finally, if things still get stuck (after all, you may be at fault), there is always the possibility of taking the matter to the industrial tribunal. However, you will have to face particularly long delays before the hearing, ranging from 1 year in the best case… to 3 or 4 years in certain overloaded jurisdictions. like that of Nanterre », deplores Johan Zenou. In the meantime, you can always cross your fingers for a show of solidarity from your colleagues, like the Radio France unions having filed a strike notice today.