This funeral home employee was fired after an angry gesture. Can you be fired on the first mistake? Justice decides the dispute.
Many employees consider themselves exemplary. Not one word higher than the other, no conflict, no violation of the Labor Code, they are as wise as pictures. In the minds of these little angels of the world of work, a question exists: does this lack of history protect me from dismissal if one day I get out of control? The story of this employee provides the answer to this question with a clear answer: you can be fired, even for your first mistake.
This legal dispute concerns an employee who holds the position of funeral home agent. Recruited on a permanent contract, the employee completely meets the expectations of his managers. He is the subject of a favorable evaluation report and has no disciplinary sanctions to his credit. However, everything changed on the afternoon of March 21, 2019. In question, an employee is accused of stealing belongings from the deceased, which particularly irritates our agent.
“He gets angry, goes to see the employee who is supposed to be a thief and gets angry with him. He then goes to see his employer to demand disciplinary sanctions but as the employer does nothing he continues to scream in the office, then in the parking lot. He then punches the door of the funeral home where a family was visiting,” says Anthony Coursaget, labor law lawyer at the Paris Bar. The family and employees are deeply shocked by the scene.
The disciplinary gears are set in motion. The 1er April 2019, the employee is laid off and summoned to an interview prior to dismissal. 10 days later, he was officially dismissed for real and serious cause. The list of facts is long: shouting at colleagues and superiors, punches on the door, damage to the brand image in the presence of a grieving family and material damage. “A witness also reported that the employee smelled a little of alcohol,” adds Anthony Coursaget.
The funeral home agent therefore appealed to the industrial tribunal to contest his dismissal. He highlights his past years where he was never sanctioned. He also tries to downplay the facts. “It’s a very bad defense because there were a lot of witnesses. In fact, it is better to be honest from the start and recognize the facts,” advises the lawyer. The employee’s requests were dismissed by the industrial tribunal.
He therefore appealed and claimed more than 40,000 euros in compensation from his former employer. The Paris Court of Appeal decides in a judgment of March 26, 2026, confirming the sanction. “You can be dismissed for the first offense if it is serious enough to justify dismissal. This falls within the employer’s power of sanction which is subjective,” continues Anthony Coursaget.
In this case, the fault is considered sufficiently serious because it damages the company internally and externally with the harm caused to the family. The brand image is affected, as is the peace of mind of internal staff. All of these facts associated with the employee who tries to minimize the matter led the courts to consider that the dismissal was indeed valid.
