Verbal dismissal: is it valid and what should you do?
08 September 2026 · 4 min reading time
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An employer cannot dismiss an employee through a simple verbal announcement. The decision must be communicated in a letter stating the reasons for the dismissal.
However, if the employer clearly states that the employment contract has ended before sending this letter, their words may constitute a verbal dismissal.
Can an employee be dismissed verbally?
The dismissal procedure does not allow an employer simply to say, “You are dismissed.” When an employer decides to terminate an employment contract, they must send the employee a dismissal letter explaining the reasons for their decision.
This requirement puts the employer in a difficult position if they announce the dismissal too early. Although their words do not comply with the required procedure, they may still result in the termination of the employment contract.
In other words, a verbal dismissal is not disregarded as though it never happened. It may be recognised by a court and then considered a dismissal without real and serious cause because no reason was formally communicated when the employment relationship was terminated.
When is a dismissal considered verbal?
A vague comment or an argument is not necessarily enough. The employer’s words must show that they have made a definitive decision.
The distinction often depends on the precise wording used. Saying “we are considering dismissing you” announces a possible procedure. Saying “you are no longer part of the company as of today” expresses a decision that has already been made.
The actions taken after the conversation also matter. Immediately asking the employee to return their access badge, disabling their professional accounts or permanently preventing them from returning to the workplace may confirm that the employer considers the contract terminated.
Conversely, internal discussions about recruiting a replacement do not, on their own, prove that the employee has been dismissed. The decision must have been communicated to the employee or made public in sufficiently clear terms.
Can the employer announce their decision during the preliminary meeting?
The preliminary meeting takes place before a final decision is made. During this meeting, the employer presents the alleged facts or the reasons why they are considering dismissal. The employee then has an opportunity to provide an explanation.
The employer may therefore discuss the possibility of dismissal during the meeting. However, they must not present the termination as a decision that has already been made.
For a dismissal on personal grounds, the employer must wait at least two working days after the scheduled date of the meeting before sending the dismissal letter. As explained by Service Public, this rule provides a period of reflection between the meeting and the final decision.
A statement such as “you will receive your letter in a few days, but the decision to dismiss you has already been made” may therefore create a legal issue. It suggests that the preliminary meeting had no influence on the final decision.
Can a subsequent letter correct the situation?
A letter sent afterwards cannot reverse a verbal dismissal that has already been announced. The termination occurred when the employer communicated their definitive decision.
The employer cannot therefore wait a few days, send a letter stating the reasons for the dismissal and treat the original announcement as though it never happened. However, courts will determine whether the employer’s words were sufficiently clear. If the statement was ambiguous, the letter may remain the point at which the dismissal legally took effect.
This is often the central issue in a dispute: the employee argues that the decision had already been made, while the employer claims that they were only discussing a possibility.
What are the consequences for the employer?
When a verbal dismissal is recognised, it is considered a dismissal without real and serious cause. This is more than a minor procedural error: at the time of termination, no letter stated the reason for dismissing the employee.
Depending on their circumstances, the employee may claim payment in lieu of notice, the corresponding paid leave entitlement and statutory or contractual severance pay. They may also seek damages. The amounts actually due depend on factors such as the employee’s length of service, their employment contract and the grounds for dismissal that had been contemplated.
A verbal dismissal is not automatically null and void. Nullity applies in specific situations, for example when an employee is dismissed for a discriminatory reason or in breach of legal protection. In other cases, it will generally be treated as a dismissal without real and serious cause.
How can an employee prove that the dismissal was announced?
The announcement may take place in a private conversation without any witnesses. The employee must then collect any evidence showing that the employer instructed them to leave the company permanently.
Useful evidence may include:
- a text message or email sent after the conversation;
- a statement from someone who witnessed the discussion;
- the immediate removal of professional access;
- a request to return an access badge or company equipment;
- the employee’s removal from work schedules;
- the delivery of end-of-contract documents;
- a message announcing the employee’s departure to the rest of the team.
After the conversation, the employee may write to the employer summarising what was said. The message should remain factual and include the date, location, words used and instructions received. It may end with a request for written confirmation.
This email will not constitute sufficient evidence on its own because it was written by the employee. However, the employer’s response or other events occurring at the same time may support the employee’s account.
What should an employee do immediately after the announcement?
The first step is to request written confirmation. The employee may also state that they remain available for work until their situation has been clarified.
They should avoid resigning, signing a document in haste or simply ceasing to attend work. These decisions could complicate the situation.
If the employee is refused access to the workplace, they should not attempt to force their way in. They can ask in writing what instructions they should follow and retain evidence that they attended the workplace or remained available to their employer.
An employee representative, trade union or legal professional can help assess the circumstances. This review is important because not every inappropriate or careless statement made by an employer necessarily constitutes a dismissal.
What about dismissal by telephone, text message or email?
An announcement made by telephone or video call remains verbal. If the employer expresses a definitive decision, it may be considered a verbal dismissal.
Text messages and emails provide written evidence, but they do not necessarily constitute the formal notification of dismissal required by the French Labour Code. They may primarily demonstrate that the termination had already been decided before the dismissal letter was sent.
The wording of the message must be examined carefully. An invitation to a preliminary meeting or a statement that dismissal is being “considered” does not terminate the employment contract. A message informing the employee that their contract ends immediately does not have the same legal effect.
The identity of the sender must also be considered. Someone outside the company or a colleague without decision-making authority cannot, on their own, dismiss an employee.
How can an employee challenge a verbal dismissal?
An employee who believes that they have been dismissed verbally may bring a claim before the French employment tribunal, known as the conseil de prud’hommes. They will need to show when the employer communicated the decision and provide any evidence they have retained.
As a general rule, claims relating to the termination of an employment contract must be brought within 12 months of notification. This time limit is set out in Article L1471-1 of the French Labour Code.
In the case of a verbal termination, the date on which the limitation period begins may itself be disputed. It is therefore advisable to have the situation reviewed without delay.
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