When an employee leaves the company, the return of the equipment provided is not usually a problem. However, there is a real legal risk when an employee keeps the business telephone line, sometimes without the employer’s knowledge.
The French Supreme Court recently issued a useful clarification on this point in a ruling dated February 5, 2025 (no. 22-23.730 F-D).
The case in point: a personally transferred line
A dismissed sales manager returns his work phone… but has the line transferred to his personal name, without authorization. The company, anxious to regain control of this customer communication channel, brought the matter before the summary proceedings judge.
The Court of Appeal, then the Court of Cassation, ruled in favor of the employer:
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the employee did not provide proof of authorized personal use,
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the line was underwritten and financed by the company,
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no benefit in kind or tolerance of private use was established.
The unilateral transfer of the line was considered a fraud on the company’s rights.
A quick recourse: summary proceedings at industrial tribunal level
The Court points out that under article R. 1455-7 of the French Labor Code, a summary proceedings panel may order the performance of an obligation to make restitution, provided that the existence of this obligation is not seriously disputable.
This allows the employer to act without waiting for a judgment on the merits, to protect its commercial interests and limit the risk of misappropriation of customers.
Employers’ key points
- Anticipate the return of all work tools when an employee leaves, including intangible assets such as a telephone line.
- Check that the line is strictly professional: subscriptions, usage, billing, documentation… everything must show that it belongs to the company.
- In case of doubt or unjustified withholding, take your case to the interim relief judge to prevent the former employee from continuing to use the company’s contact facilities on his own account.
Need to secure your return procedures at the end of a contract?
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