Suspended with pay

helpmehelpme

Sorry to the mods - last night I submitted this while using anonymous posting but it still hasn't appeared and I could really do with some advice so if you could delete the anon one thanks...

I have been suspended with pay for 6 days. This is because the large company I work for (retail) found a post I had on a forum saying basically that I was glad some customers weren't going to go there and that I didn't like the company. I'm not 100% sure whether the issue is that (a) I made the post at all or (b) they think I'm discouraging customers.

I've worked there for 10 months, it's a 12 month contract. I am on a graduate trainee program and I need to complete the 12 months to finish my qualification. There are a number of other trainees in the company - they will all be attending training days this week that I have been told I have to miss because of my suspension. However it clearly states on my letter of suspension that no fault has yet been found, I am suspended with full pay pending investigation of the incident. The reason I am suspended for so long is the manager who needs to have the investigatory interview with me is on holidays. Now I think that by not allowing me to attend the training days I am actually being punished - I am being left at a disadvantage to the other trainees in the same role as me by having less training than them... surely this isn't allowed if I have not been found yet to have done anything worthy of punishing??

My second query is about whether this could be counted as "gross misconduct" or not. Nothing in the post was libellous or defamatory about the company. I have never given poor customer service in all the time I have been there, and have never before been spoken to about my behaviour or had any negative feedback at all. I'm wondering whether I might be dismissed or not =/

Anyone any opinions on either issue? Thanks

leeroybrown

Unfortunately for you, the suspension with pay pending investigation is almost certainly completely above board. They are most likely following their disciplinary procedure to the letter. The fact that you're missing a training week is immaterial.

Some companies do take employees posting anything about them on the internet very seriously. I'd suggest that what happens next depends on what policies and disciplinary procedures they have in place. If I had to make a call I'd tend towards it not being classed as 'gross misconduct' by them but without detailed knowledge of the situation it's hard to call. Your second problem is that you're there less than 12 months so if they dismiss you for this you can't claim Unfair Dismissal making it more awkward to prove that they were wrong.

Are you in a 're-hire' situation where they have the option of letting you complete your training contract rather than giving you a job?

If I were in your position, I'd be genuinely apologetic about the incident, claim that it was a one off (assuming it is) and don't complain about the suspension. You'll get further by fitting in this time. Also, make sure that there isn't a chance of them sticking whatever username you use into a search and digging up more dirt (such as this thread) before you claim anything.

As a general note to anyone reading this, a lot of posters really take it for granted that no one will guess who they are or who they work for. On a number of occasions in the past I've been able to guess not only what company the poster is talking about but exactly who the complaints were about. In one particular case the poster clearly didn't realise that one of their superiors is a Boards member and there was an outside chance of them spotting the post. Be careful.

cronos

First off... how did they know it was you?

Second off... if you are on suspension for using an online fourm for discussing your job. It might be a good idea to stop using online forums for a while.

leeroybrown

Another question. Was it posted from work?

If so it probably compounds the problem as you'd then have been wasting company time while badmouthing them online. They'll presumably have dug up your internet usage records if this is the case so again, be careful what you claim. Misleading your employer would just make things worse again and could well put you in 'gross misconduct' territory.

helpmehelpme

I never asked how they knew it was me - I can only presume they pieced together lots of other bits I had posted (not necessarily about work). I never lied - the manager said "we believe you posted x y and z" and I admitted it straight away.

Also it was posted from home in my own time so not on company time or using company resources

Jonty

helpmehelpme wrote: »

I never asked how they knew it was me - I can only presume they pieced together lots of other bits I had posted (not necessarily about work). I never lied - the manager said "we believe you posted x y and z" and I admitted it straight away.

Also it was posted from home in my own time so not on company time or using company resources

Duh. Denial is not just a river in Egypt. Could you have said no?

PCPhoto

have a look through your posts - is it possible that your boss is also online or someone else in the company that could put 2+2 together ?

Deniability was your best option - until you admitted it.

now its simply a case of admit liability - apologise - take punishment.
(and try not to get caught next time :P)

dogbert27

You were upset that day weren't you? You were feeling a bit down with life, the recession was affecting your mood. You had a one off frustrating day at work and you needed to vent, didn't you? You're friends weren't answering their phones and you had nobody to get things off your chest with so you threw out a heated post on a forum to help you relieve the frustrations of the day. This was totally uncharacteristic of you, wasn't it? You are very sorry that it happened and it won't happen again sure it won't??!! BTW are you the most honest person in the world or what?!

glanman

Enjoy the time off:) Paid not to work, its like being on the dole, but better!!

kmick

Sounds like you are up the swanny to me. What I would not be doing in your case is making further posts about this. Cease and desist now. You are getting yourself into further trouble. What I would do is contact your college/school and discuss it with them. They may be able to intervene. I mean you will never get a job with this company again and to be fair you are likely to be let go. This is an abject lesson in not pooping on your own doorstep and secondly never admitting to anything even if they have pictures, audio, fingerprints, dna and a confession from your granny.

Otis Driftwood

It does sound like you are in bother OP.Contact the Citizens Advice Bureau ASAP and no matter what the outcome of this,let it be a lesson to you.

Just on a sidebar,things like this has been happening more and more frequently and I firmly believe that some sort of legal precedent will happen(however long that will take) in the future regarding individual privacy and what can be used against employees in disciplinary matters.