The dismissal for simple misconduct of this employee was justified by an unusual reason. Anthony Coursaget, labor law lawyer, tells us about this dispute.
Working too well can cost you your job. This is the lesson to be learned from this dispute between an employee and his company. A surprising story that Anthony Coursaget, labor law lawyer in Paris, tells to Journal du Net. It all started in the middle of 2018. This man who we will call Léandre was recruited into a company that connects doctors and patients. It allows you to make appointments and consult the profiles of nearby health professionals.
“Practitioners’ information must be validated. Between the authenticity of diplomas, office opening hours and authorizations to practice care, there are a lot of things to moderate, and that was precisely my client’s role. All moderators have objectives to accomplish which give access to variable remuneration, a bonus,” says the lawyer. Employees generally stay on the job for a short time, leading to high turnover in the company.
Léandre seems set to last. “From 2019, he participated in updating the instructions intended for all moderators. In 2020 he was part of a reinforced system to deal with the coronavirus and the following year he trained up to 13 new moderators,” describes Anthony Coursaget. His efficiency is such that he exceeds his objectives every month, sometimes reaching up to 150% of his bonus.
He no longer rests and only moderates. When he has finished his work, he does not take a break and just goes to do the tasks assigned to other employees. It never stops. And that’s what’s going to be the problem. “In February 2023, he was dismissed for simple misconduct. He was accused of overperforming and preventing his colleagues from achieving their objectives. He was also described as insubordinate because he did not record his break times despite company instructions,” underlines Anthony Coursaget.
Logically, Léandre contests his dismissal before the Industrial Tribunal. The employer argued that the employee’s performance prevented his colleagues from receiving their full bonus. An argument called into question by the defense. “By discussing with the employees, we noted that they all had 100% of their bonus, despite the outperformance. Secondly, the company based the employee’s statistics on an internal platform which was considered unreliable according to the employees, and the company itself. The figures could therefore be called into question,” specifies the lawyer.
Léandre’s performance having no impact on the rest of the team, his dismissal was logically declared without real and serious cause by the industrial tribunal. The employee was not reinstated because the dismissal was not declared void. Furthermore, he did not want to continue with this company, which is understandable. He leaves with a check for around €15,000. A nice sum to which he can add the anecdote “I was fired because I worked too well”. A story that will be a sensation at any aperitif.
