Legal Question in Civil Rights Law in France

I have been employed by a French company from July 2002 to October 2012. My employment contract was executed in France for an overseas assignment at the company�s branch office in Libya. The employment contract is read and construed under the laws of France. My employment was definite for a period of 3 years, following which it automatically became indefinite. The company�s activities are construction related and I was initially engaged as an Operations Director, and later my duties were also broadened to include the direct Project Management of a �120 million construction project as well as taking over as General Manager of the company�s branch office.

I will be 58 years old in August. My official retirement age is 62.

In October 2012 my employer wished to change my employment contract with an inferior contract, inferior in both remuneration and position. I did not accept the new employment contract and within 24 hours of my formal rejection of the new contract my employment with the company was terminated and without any formal reason being given.

As a consequence I am now pursuing a case against my employer for termination without just cause and also for compensation considering my proximity of my retirement.

The company has threatened to pursue a claim against me if I continue to pursue my case. The case that the company intends to pursue is for alleged losses and damages, which they claim result from my negligence and/or having exceeded my authority without prior approval from head office in France, during the 10 years + that I had been employed with the company in Libya.

I have no problem in defending myself against these allegations as I have at my disposal all the necessary facts to prove that their allegations are not true. However my questions are as follows:

1. The allegations being brought by the company span over the entire duration of my employment with the company. If such allegations are true, then surely the company should have followed normal disciplinary procedures, as and when the alleged events occurred, and terminated my employment at a much earlier stage, instead of waiting 10 years. I have never had any disciplinary actions or warnings, either formal or informal during the entire period that I was employed by the company. Should the French courts therefore dismiss the company�s claim as it is clear that this case is a fabrication to deter me in pursuing my case against the company?

2. The allegations being brought by the company took place in Libya, this being the place of employment. Should the French courts therefore dismiss the company�s claim and direct the company to pursue its claim through the Libyan courts, where all the facts, evidence and witnesses reside? Moreover the legal system in Libya is more familiar with the culture, working practices and difficulties encountered when working in Libya and able to understand better the need for certain managerial decisions. Incidentally I am also a resident of Libya.

3. If the allegations being brought by the company are proved, then in my capacity as an employee, do I remain liable for any losses or damages which the company alleges to have incurred?

Thank you for your attention

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