The hearing can resume, with a case between Onem and Estelle (assumed name). Her lawyer, who is rather young, sums up her case: Estelle is contesting a decision by Onem which excluded her from benefiting from the allowances. In 2016, when she was completely unemployed, Estelle embarked on an ancillary activity of massage and well-being as a complementary independent. An activity that she practices, pleads her lawyer, either before 7:00 a.m., or following 6:00 p.m., or on weekends. Barely a few massages per week. This activity is authorized by Onem, adds the advice of Estelle. Then, when the Covid arrives, Estelle puts an end to it. Estelle, seated behind her lawyer, all dressed in green, glasses on her nose and a small smile on her lips, nods. The lawyer concludes by requesting the cancellation of the exclusion as well as the sanction that followed, since Onem had given its authorization to this ancillary activity.

Falsified agenda

The Onem lawyer does not have the same reading of the file. “Madame’s schedules were not compatible with unemployment (the job seeker must be free during the day for his job search, Editor’s note). On her website, it was possible to book a massage from 11:00 a.m. to 5:30 p.m., several days a week. She worked on two different sites. She published a lot of information on Facebook, and even photos of trips abroad that she had not reported to Onem, when she has to do so”loose the lawyer in the direction of Estelle, as if to say: you have to be careful what you post on social networks.

More seriously, continues the one who defends the interests of Onem, Estelle falsified her agenda so that the activity falls within the guidelines set by Onem. “During her audition, she recognized him. In short, his activity was no longer incidental.

The judge asks Estelle if she wants to add something but she remains silent.

Revenues quadrupled

Then comes the labor auditor, which delivers its analysis of the situation. “I agree with Onem’s decision, indicates from the outset the one who represents the public prosecutor’s office, except for the sanction because Madame has already been penalized for these facts. She did penal mediation and carried out community service.” As regards the exclusion of unemployment, on the other hand, the auditor’s office shares the opinion of Onem. She recalls that the investigation showed that Estelle’s activity was more important than an ancillary activity. The masseuse also exercised it in part in a coworking space that she created and where she worked during the day. Then she opened a wellness center elsewhere, for which she sought an associate. And then she falsified her diary.

Estelle’s file appears to be well loaded. The audience returns to the charge: in three years, Estelle’s income has quadrupled, “it is not possible by working only in the evening”. “And followingwards, she comes to say that she was in good faith, while Onem had clarified what she might or might not do…” In conclusion, the auditors support the decision taken by Onem because the activity was more than incidental and the scheduled times were largely exceeded.

Estelle does not know what to add in her defense, except that with the Covid, her wellness activity has unfortunately stopped. His lawyer has nothing more to ask for either, except, in the alternative, a spreading of the reimbursement of unemployment benefits unduly received. Estelle will soon be fixed.

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