Two recent rulings by the **Court of Cassation** on September 23, 2026, have clarified the conditions under which an employee's private messages or statements can be used by employers in disciplinary actions. In two separate cases, the court ruled that an employer can use messages exchanged between colleagues to justify sanctions, even if the employees believed they were in a private setting. These decisions challenge the common belief that certain areas of the workplace, such as break rooms or internal messaging platforms, are automatically private. In the first case, the court examined a conversation between two employees in a break room. The employees believed they were in a private space, but the court determined that the location, the people who could hear the statements, and the content of the conversation could justify the employer's use of the statements in a disciplinary process. The court emphasized that a discussion about personal family matters is different from statements that target colleagues, management, or company operations, especially if they are insulting or discriminatory. The second ruling focused on messages sent through a professional instant messaging platform, such as Teams or Slack. An employee had exchanged messages with a colleague using a company-provided tool during work hours. The messages concerned work procedures, management, and other employees. The court ruled that these messages could be accessed and used by the employer, even though the employee did not label them as "private" or "personal." The court applied a presumption of professional character to these exchanges, noting that the context and tools used can influence the legal interpretation of the messages. The court clarified that the identity of the recipient or the use of the word "private" does not automatically protect the message from being used in a disciplinary process. However, the court also stressed that employers cannot arbitrarily monitor employees. Privacy protections under European and French law remain in place, and employers must ensure that the information was obtained legally and that it relates to professional activities. Employees facing disciplinary action should consider how the employer accessed the message, the device used, and whether the message was clearly personal or connected to work. These factors can be crucial in labor court disputes.