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It is possible to order an employee to compensate the employer when their fault causes damage to the company.
1. The facts
In this case (Cass. crim., 14 Jan. 2025, nº 24-81.365 F-B), the criminal division of the Court of Cassation confirmed that gross negligence is not required when the employer intervenes in criminal proceedings, as a civil party, to obtain compensation for damage resulting from an offence committed by the employee.
In this case, an employee had caused an accident while driving a company vehicle under the influence of cannabis and at excessive speed.
Found guilty of a repeat offence by the criminal court and then the court of appeal, he was ordered to pay his employer more than €100,000 in compensation, covering the costs of breakdown services and repair of the damaged equipment.
The employee then argued that his financial liability could only be incurred in the event of gross negligence or wilful misconduct. He criticised the trial judges for not having investigated whether his dangerous conduct met these criteria.
2. The decision
The Court of Cassation rejected this argument. It emphasised that the employer’s civil action was aimed at obtaining compensation for damages and did not constitute a financial penalty prohibited by Article L. 1331-2 of the Labour Code. Therefore, the trial judges did not have to establish the existence of either gross negligence or malicious intent on the part of the employee towards his employer.
Conclusion: it seems to us that this decision could allow any employer to seek redress even before the Labour Court when the employee causes them harm in the performance of the contract. There are many examples (company car returned without having been serviced, employee’s fault towards a customer resulting in the loss of the customer, etc.).
