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In France, Fired For Writing To MP Against 3 Strikes

neurone333 sends along the cause célèbre of the moment in France: a Web executive working for TF1, Europe's largest TV network, sends an email to his Member of Parliament opposing the government's "three strikes and you're out" proposal, known as Hadopi. His MP forwards the email to the minister backing Hadopi, who forwards it to TF1. The author of the email, Jérôme Bourreau-Guggenheim, is called into his boss's office and shown an exact copy of his email. Soon he receives a letter saying he is fired for "strong differences with the [company's] strategy" — in a private email sent from a private (gmail) address. French corporations and government are entangled in ways that Americans might find unfamiliar. Hit the link below for some background on the ties between TF1 and the Sarkozy government.
The Irish times has an explanation for the incestuous relationship between his government and TF1: "TF1's owner, the construction billionaire Martin Bouygues, is godfather to Mr Sarkozy's youngest son, Louis. Mr. Bouygues suggested to Mr. Sarkozy that he ought to ban advertising on TF1's rival stations in the public sector, which was done in January. Laurent Solly, who was deputy director of Mr. Sarkozy's presidential campaign, is now number two at TF1. Last year, TF1 sacked Patrick Poivre d'Arvor, the station's star presenter for the previous 21 years. Poivre had angered Mr Sarkozy by saying he 'acted like a little boy' at a G8 summit. He was replaced by Laurence Ferrari. Mr. Sarkozy reportedly told Mr. Bouygues he wanted to see the young blond on the news."

27 of 379 comments (clear)

  1. Better off not working for them... by syousef · · Score: 5, Insightful

    He's better off not working for them if:
    A) They employ such tactics
    B) His beliefs actually do strongly differ with the company's

    Now the question is under French law can he sue? If he can, the next question is will it make him less employable suing an ex-employer?

    --
    These posts express my own personal views, not those of my employer
    1. Re:Better off not working for them... by rarel · · Score: 5, Informative

      Now the question is under French law can he sue? If he can, the next question is will it make him less employable suing an ex-employer?

      He absolutely can sue. There's a special court for employer/employee disagreements called the Prudhommes, and he will probably sue TF1 for wrongful termination.

      I don't know much about law myself, but his lawyers should have a field day with this. He would have to screw up the case royally to lose it: It was a private email address and a private communication which his employer should never have heard about, and secondly, it is forbidden by law to fire someone on political grounds in France.

      In theory this shouldn't affect his future professionally, however seeing how the world works, I'm not so sure.

    2. Re:Better off not working for them... by Zumbs · · Score: 4, Interesting

      I don't know if he can sue, but under the Universal Declaration of Human Rights, which France has ratified, it is illegal to discriminate someone because of their political views.

      --
      The truth may be out there, but lies are inside your head
    3. Re:Better off not working for them... by Carewolf · · Score: 5, Informative

      It is not a UN document. The human rights are enforced by the human rights court in Haag. They are pretty well enforced in all countries that have signed them. It can even override the supreme court in the signing countries.

      Note, the US have not signed the human rights declaration since the US disagrees with human right number 1: The right to live, AND with the concept of a foreign court that can override the government.

    4. Re:Better off not working for them... by nosferatu1001 · · Score: 4, Informative

      Except that ECHR, which ratifies the UN UDHC in 99% of areas, HAS been incorporated into all EU member states law. This does make it illegial to discriminate on basis of political expression.

      They government also broke the french DPA (no doubt, it is again similar to UK law) by forwarding on the email, which was by default considered private.

      Prediction: lawyers have complete field day suing the employer for large, large amounts of money.

    5. Re:Better off not working for them... by iris-n · · Score: 4, Interesting

      He can and will. Here's a better source (in french).

      In a nutshell, his lawyer's case is as the parent said, and quoting her: "This is discrimination, a felony of opinion, it is just scandalous."

      It will be intresting to follow this case. I'd be very happy if someone can do something against TF1.

      --
      entropy happens
    6. Re:Better off not working for them... by commodore64_love · · Score: 4, Insightful

      This is why Thomas Jefferson thought corporations represented a danger to liberty. Corporations control the politicians, not us.

      Also if this precedent is allowed to stand, what's next? "I heard from colleaques you voted Libertarian." "Um, yeah I didn't like either McCain or Obama." "Well I'm sorry but this company doesn't support third parties since Homeland Security has designated them as terrorist-friendly organizations, so I'm terminating your employment due to incompatible non-politically correct views."

      Gee. It reminds me of being a serf, with the corporation as the lord. You depend upon the lord for your survival, so don't you dare express an opinion contrary to the lord's opinion, else you'll be removed. Classical liberalism ("the people are the ultimate authority") is dying a slow death in the face of more-and-more power grabs.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    7. Re:Better off not working for them... by commodore64_love · · Score: 5, Informative

      The founding fathers were not atheists. They were nearly-all Protestant, with a few being Deist (believed in God but not church doctrine). Don't spread mythology about them being atheists.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    8. Re:Better off not working for them... by geekboy642 · · Score: 5, Informative

      The important point, which I don't think the GP illustrated clearly, was this:
      The founding fathers had just left a country deeply steeped in religion. They specifically wanted a country where religion didn't affect the government at all. "Congress shall make no law..." is a direct response to the (iirc) Anglican church that was essentially controlled by the king. Anyone with any sense will not claim that the US was intended to be a christian nation, as that is an absolute falsehood.

      And as for your actual post, here's this:

      I do not believe in the creed professed by the Jewish church, by the Roman church, by the Greek church, by the Turkish church, by the Protestant church, nor by any church that I know of...Each of those churches accuse the other of unbelief; and for my own part, I disbelieve them all." -- Thomas Paine
        "Twenty times in the course of my late reading, have I been upon the point of breaking out, "This would be the best of all possible worlds, if there were no religion in it!" -- John Adams
      "Religious bondage shackles and debilitates the mind and unfits it for every noble enterprise. During almost fifteen centuries has the legal establishment of Christianity been on trial. What have been its fruits? More or less in all places, pride and indolence in the Clergy, ignorance and servility in the laity, in both, superstition, bigotry and persecution." -- James Madison
      "The government of the United States is not in any sense founded on the Christian religion." -- The 1797 United States Senate, in a treaty signed with Tripoli

      They absolutely were not nearly-all protestant. Most of them were, at the most, Deist, with a few being what would now be called Atheists. Please learn your own history.

      --
      Just another "DOJ fascist authoritarian totalitarian bootlicker" -- Zeio
    9. Re:Better off not working for them... by bwcbwc · · Score: 4, Informative

      Recent foreign policy notwithstanding, the problem the US has with the "right to live" is that it eliminates the death penalty, not that the government wants to reserve the right to kill, kill, kill.

      --
      We are the 198 proof..
    10. Re:Better off not working for them... by bar-agent · · Score: 5, Interesting

      Second, you are free to practice the faith of your choice or not, period.

      "One nation, under God".

      Really? Seems someone didn't get the memo then.

      The pledge of allegiance was written by a minister in 1892. He didn't put the words "under God" in it. They didn't get added until 1954, during the height of the battle against the godless Commies. And since then, the pledge has been under criticism for those words.

      So we did in fact get the memo.

      --
      i'd hit it so hard, if you pulled me out you'd be the king of britain [bash.org]
  2. Unfamiliar? by Vintermann · · Score: 5, Insightful

    "French corporations and government are entangled in ways that Americans might find unfamiliar."

    It's not so unheard of outside of France either, believe it or not.

    --
    xkcd is not in the sudoers file. This incident will be reported.
    1. Re:Unfamiliar? by Anonymous Coward · · Score: 5, Insightful

      It is unfamiliar to us because of our godawful press.

  3. Thanks France! by ejtttje · · Score: 4, Funny

    Wow, and I thought our (US) politicians were corrupt... thanks for showing us how it's done, France!
    Maybe we can show your newly unemployed web executive how to be a litigious bastard!
    It's great to share cultural differences, I feel all warm and fuzzy now!

    1. Re:Thanks France! by RiotingPacifist · · Score: 4, Insightful

      What about Halliburton? I'm fairly sure only offering contracts to the company the VP used to be CEO of is much worse than the standard run of the mill corruption! At least the US is still #1 in some things!

      --
      IranAir Flight 655 never forget!
  4. In Soviet France... by srussia · · Score: 4, Funny

    ...freedom fries YOU!

    --
    Set your phasers on "funky"!
    1. Re:In Soviet France... by CarpetShark · · Score: 4, Insightful

      It's actually quite telling that a country that took a stand so strongly against invading and imposing outside will on a country's freedom is entirely failing at understanding and dealing with the more subtle corruptions of big media and government.

  5. Re:Off with their heads! by Anonymous Coward · · Score: 5, Funny

    Mod parent up! (posting as AC because I'm french).

  6. Of course this is also illegal in France by jolorant · · Score: 5, Informative

    Just like in any other european country, this lay-off is most certainly illegal and can be appealed by the email's author. That's what labor law is there for.

    Of course people got sacked for expressing opposing opinions long before the internet existed. French roots of labor law and freedom of speech date back to the revolution in 1789, UK workers have already fought for those in the 16th century, in Germany those rights have existed before the third reich since the 1849 revolution.

    This is not really a "your rights online" article, but should be tagged "your rights in capitalism" - you have them, so use them.

  7. Re:Off with their heads! by mad+flyer · · Score: 4, Interesting

    Parent is not flamebait. Parent is unfortunately spot on.

    This president is a shame for France and an embarassment... FOR MANKIND... It's an half drunk idiot with the IQ of a toiletbowl broomstick.

    He played the "small people" card during the campain and now play with all the vulgarity of a new rich the "people" card. The incarnation of the 3B Booze Babes Backchich. He's tightening the immigration law to a point where his parents (who are not French) would not have been allowed to stay. Promoting family value as much as family members. Have an ill informed opinion on everything. The posterchild of the "if i'm here that must be because I'm good for the job". Now ALL the previous governement are remember with nostalgia. This dwarf should not even be a janitor as he might find way to abuse the little power he got on the toilet paper stockpile.

  8. Re:Off with their heads! by Anonymous Coward · · Score: 5, Interesting

    Sarkozy (noun):

    • A malodorous amalgamation of Tony Blair and Silvio Burlusconi
    • The figurehead for US imperialism in France

    Someone was telling me the other day about Sarkozy trying to speak in a working class accent. Similar I guess to Tony Blair favouring Estuary English over received pronunciation. I can't find any articles on it, although I have only searched English language.

  9. TF1 is going to regret that by Nicolas+MONNET · · Score: 5, Insightful

    They fired him for "public statements;" but as far as I can tell, he never made any public statements, he only wrote, privately, to his MP.
    This kind of incident is great for us fighting this law; it produced some more ammos for the opposition in parliament, and it made the gov't look like the assholes they are.
    On top of that, it's proof positive -- if it was ever needed -- of the collusion between the gov't and the major media.

    1. Re:TF1 is going to regret that by Alarash · · Score: 5, Informative

      I read an interview of the MP in question. She said that he never explicitly asked for this correspondence to be considered 'private'. Apparently by default the (e-)mails sent to MPs are considered 'public'. She also said that his letter was well constructed and contained good arguments, so she forwarded it to the Minister backing the bill to "challenge" her (more like to give her some time to come up with plausible counter-arguments). Then it found its way to TF1 HQ for some reasons.

  10. Re:Probably gets a *lot* of severance pay by Beretta+Vexe · · Score: 5, Insightful

    French here

    What's your friend describe is a "mise au placard". It's a specific way to fire somebody without really firring him.
    It's extremely wrong in french for your managing staff motivations when you start to fire people without serious reasons and it's pretty hard to prove and convince every body that some body don't actually do as expected. So you don't fire him but progressively put him in a position where he don't have responsibility, interesting works, no computer, no phone, etc... and you simply wait that he resign by himself.
    If he resign he isn't cover by the social protection law, so it's cheaper for you, better for you managing staff, etc...
    The only problem is went you push it to far ( excessive work load, harassment, etc ) and the employ commit suicide ( Renaud technocenter serial suicide at work )

    The "mise au placard" have nothing to do with this case where the employ was fired for "important fault". In this case the employer say "you committed an important fault in regard of the company, you are fired, you will not get the social protection".

    Driving a truck drunk = important fault
    sending a mail to his MP = ?

  11. Re:Let me be the first to say.. by wiredlogic · · Score: 5, Funny

    So what? Don't work in France.

    That's what the French do.

    --
    I am becoming gerund, destroyer of verbs.
  12. WRONG-O! by mmell · · Score: 5, Informative
    Obama didn't fire anybody at General Motors.

    What he did was to make it plain that General Motors would not be considered for further TARP funding if they continued to utilize the services of the CEO who bankrupted the company in the first placed.

    Perfectly acceptable here in the United States. Note that there has not been a popular revolt or backlash against this. Evidently, President Obama's action in causing GM to ditch their loser of a CEO was (apparently) neither illegal nor immoral in the opinion of the majority of United States citizens.

    (Incidentally, until recently I was a Republican. I actively disapprove of many of the things our current President advocates. This particular example isn't one of them)

  13. The facts are... so different by cbraescu1 · · Score: 4, Informative

    I'm not French but I live in France.

    The e-mail author (and most comments here on Slashdot) assumed his e-mail was private correspondence (which is usually the case in French and EU law). However, the e-mail to the MPs is *not* private, since what MPs do, read, communicate is by default public (thus making bribery, unlawful conduct and other potential crimes and misdemeanors at least harder to hide).

    Thus being said, it is clear the MP in cause was not guilty of anything when she redirected the e-mail message to the author of HADOPI law, i.e. the French Ministry of Culture.

    The Ministry of Culture sough to find out why somebody from the TF1, on of the biggest pushers for HADOPI, would push his MP in a different direction than the company he's working for (it's a legitimate question; imagine if a GM welder *publicly* asks for the foreclosure of GM - in such situation there would be nothing wrong for the TARP guys to ask GM what's going on).

    Until here I see no evil.

    Now, TF1 is not selling bricks or clothes. It's selling cultural products and opinions (plus news). Therefore, having a dissenting opinion to the corporate one, in a business of selling opinions & cultural products, clearly incensed TF1 management. On this case, I say they were right.

    BUT, based on their anger, TF1 decided to terminate the employment of this guy. That's something I can't agree, yet in my opinion they should be allowed to do it.

    Now, before being chopped off by the liberal wing of /. (i.e., 99%), let me point it's all a non-issue. In France NOBODY can be fired (not until they do something so terrible it makes news in Afghanistan or Somalia, anyway). Therefore this guy will certainly keep his job at TF1.

    One last thing: the original author mentioned in his "private" e-mail that he's working at TF1 (that's how they were able to finally trace him down). It seems to me he was ready to add his job as a weight to his e-mail, yet when the weight went against himself he was pissed. Doesn't make much sense to me.

    --
    Catalin Braescu
    Ofaly.com