What Employers Should Do After a Bad Hiring Decision in France

Making a bad hire can be a costly and stressful mistake, especially in a country like France, where labor laws are highly protective of employees. Whether due to poor performance, misalignment with company culture, or misleading credentials, it's critical to act quickly but also within legal and procedural frameworks. This article outlines the steps employers should take when faced with a hiring misstep in France.

Identifying a bad hire early is critical, especially in France, where employee protection laws limit an employer’s ability to act after the probation period. According to a 2024 survey by Robert Half, 56% of French employers admitted to having hired the wrong person in the past year. The consequences can be substantial: poor morale, reduced productivity, and a significant financial cost — estimated at up to €45,000 per bad hire when accounting for recruitment costs, training, and lost performance.

Warning signs should not be ignored. For example, if a newly hired sales executive repeatedly misses targets, fails to learn the company’s CRM tools like Salesforce, or causes friction with the team due to cultural misalignment, these are clear red flags. A 2024 study by Harvard Business Review emphasized that 89% of bad hires stem not from a lack of technical skill, but from poor attitude or cultural fit.

"To address issues early, French companies increasingly rely on structured onboarding processes, frequent performance check-ins during the période d’essai (probation period), and objective criteria for evaluating new hires."

Susanne Goniak
Senior Recruiter
Eurojob-Consulting

Using software tools like Lucca or Personio helps track performance metrics from day one. Moreover, employers should be trained to recognize early symptoms of a misfit, including absenteeism, lack of initiative, or poor feedback from peers and clients.

Reacting during the probation period — which can last up to 8 months for cadres (executives) — offers the best chance to exit the situation with minimal risk. Once this window closes, the legal process becomes more rigid, costly and time-consuming.

In France, the période d’essai (probation period) is your primary opportunity to evaluate and, if necessary, terminate a contract without complex legal justification. For non-executive employees, the initial period usually lasts two months, renewable once to reach four months. For cadres (executives), it can go up to four months, renewable to a maximum of eight months, as defined by the Code du Travail.

During this time, either party can end the contract without stating a reason, but with respect for the legal notice period, which ranges from 24 hours to one month depending on the employee’s time in the role. The notice must be delivered in writing, and although no formal justification is needed, many employers wisely choose to include objective concerns, such as failure to complete tasks, unprofessional behavior, or lack of technical competence.

Let’s take an example: A French software company hires a backend developer who, within the first six weeks, fails to deliver working code, misses stand-up meetings, and ignores the team’s GitHub process. Rather than waiting until a formal evaluation cycle, the company consults its convention collective and uses the probation clause to end the contract with minimal legal exposure.

Employers should also ensure they document internal evaluations and feedback sessions during the probation. Platforms such as Elevo and 360Learning allow managers to track employee integration in real time.

Important: if the employer forgets to inform the employee about the end of the trial period, the employee is automatically considered permanent. This procedural misstep can lead to compensation orders from the Prud’hommes (French labor tribunal), a costly outcome easily avoided by respecting deadlines and format requirements.

Once the probation period ends, employers in France face a much higher legal threshold for terminating an employee.

" Any dismissal must be based on a "cause réelle et sérieuse", meaning a real and serious cause, which must be both objective and verifiable."

Susanne Goniak
Senior Recruiter
Eurojob-Consulting

In practice, this means a vague dissatisfaction or general underperformance is insufficient — unless it’s properly documented and the employer can prove that support and corrective actions were offered.

One widely used strategy is the implementation of a Plan d’Amélioration de la Performance (PIP), or performance improvement plan. For example, a logistics company that notices a warehouse supervisor making repeated inventory errors might launch a two-month PIP, including training on SAP, weekly check-ins with the team leader, and measurable goals for order accuracy. If after this period performance remains poor, the employer can then consider dismissal on grounds of inadequate results, with legal backing.

Crucially, all steps must be documented in writing: feedback emails, training sessions, progress reports. This paper trail will be critical if the employee later contests the dismissal before the Conseil de Prud’hommes. According to the Ministère du Travail, more than 60% of dismissals contested by employees lead to some form of compensation — often due to procedural flaws, not the absence of cause.

Moreover, French labor law requires a pre-dismissal meeting (entretien préalable), where the employer presents the concerns and allows the employee to respond. Failing to follow this process — even if the cause is valid — can result in damages equivalent to several months of salary. This is why many companies work closely with labor lawyers or specialized platforms like LegalPlace to ensure compliance.

In summary, post-probation performance management in France is not just about good HR practice — it’s a legal shield. Without rigorous documentation and fair support measures, an employer risks transforming a performance issue into a costly legal battle.

In France, terminating an employee’s contract is a highly regulated process, particularly once the probation period has ended. Unlike in some other countries, "at-will" employment does not exist in the French legal system. Employers must choose between three main legal pathways for ending an employment relationship: dismissal for cause, mutual termination, or dismissal for gross misconduct.

The most secure and consensual approach is the rupture conventionnelle — a mutual agreement to terminate the contract. Widely used by French companies, this process avoids conflict and allows both parties to agree on terms, including notice period and severance. In 2022 alone, over 500,000 rupture conventionnelle agreements were signed, according to INSEE. Employers must follow a formal process, including a signed agreement and approval by the labor administration via TéléRC.

If mutual termination is not possible, the employer may consider a licenciement pour cause réelle et sérieuse (dismissal for real and serious cause). This requires:

• A convocation letter inviting the employee to a pre-dismissal meeting.
• A formal entretien préalable where concerns are presented and the employee can respond.
• A letter of dismissal explaining the cause.

Failure to follow even one of these steps can render the dismissal procedurally invalid, with courts regularly awarding six months' salary or more in compensation. For example, if an employer fires a marketing manager without providing written notice of the meeting in advance, the dismissal can be overturned by the Conseil de Prud’hommes, regardless of performance concerns.

In more serious cases, such as theft, harassment, or insubordination, an employer may invoke faute grave (gross misconduct). This allows immediate dismissal without notice or indemnities, but the burden of proof is high. Employers must provide detailed evidence: witness accounts, emails, or system logs. If the justification is not rock-solid, courts often side with the employee.

Legal support is crucial in all cases. Employers frequently consult with HR law firms such as Flichy Grangé Avocats or use compliance platforms like Captain Contrat to reduce the risk of litigation.

Avoiding the costly consequences of a bad hire in France begins with revisiting and strengthening the recruitment process. According to LinkedIn Talent Solutions, 74% of hiring managers in Europe say they've hired someone who wasn’t a good fit — most often due to cultural misalignment or insufficient soft skills, not technical gaps. This indicates that improving selection criteria can have a direct impact on long-term retention.

First, French companies are increasingly adopting competency-based interviews and structured assessment grids. For instance, using behavioral questions such as “Tell me about a time you had to adapt quickly to a new team” can help reveal how a candidate will integrate into your work culture — an aspect often overlooked in traditional interviews.

Second, tools like AssessFirst or TalentView are becoming more popular in France. They provide predictive recruitment models based on personality, motivation, and potential, helping recruiters go beyond CVs and diplomas.

Third, reference checks are still underutilized in France. While they’re common in Anglo-Saxon markets, only 35% of French employers systematically verify a candidate's previous performance, according to a Michael Page 2023 report. Yet, these checks can reveal red flags such as absenteeism, poor teamwork, or integrity issues.

Additionally, many employers now integrate trial projects or short-term freelance assignments before offering a permanent position, especially for critical or remote roles. This method, known as “try & hire,” is facilitated by platforms like Malt and allows employers to test a candidate’s real capabilities in situ.

Finally, training hiring managers on French labor law and interview best practices is a cost-effective way to prevent errors. Platforms like OpenClassrooms offer tailored HR courses that are CPF-eligible, making them attractive for French-based teams.

By refining each step of the hiring process, from job description to onboarding, companies can drastically reduce the risk of legal disputes, productivity loss, and team destabilization. Prevention is not just strategic — it’s essential when navigating the complex regulatory environment of French employment law.

For more great tips :

• How to Attract and Retain Talent in France – 5 Key Factors
• Which Employment Contract Should You Choose for Your Employee in France?
• Establishing a Company in France: A Practical 10-Step Guide