Boss Bullied Me Into Sick Leave

Lush Puppy

Hi,

I've been searching through all the boss-bully related threads and have found some really helpful advice that has given me the courage to post a thread pertaining to my own experience. I am standing over a black hole with regards my job and I just don't know what to do so any help would be very appreciated.

I'm a graphic designer and I've been employed at my current job at a print house for 2.5 years now. The company is small, myself boss and an admin. I started back in 2009 when the company was at its initial 'floors yet to be carpeted' stage. Was just boss and myself. As it was my first 'proper' contractual job (I'd worked freelance on and off prior) I was very excited to get the security of an actual office job. Now we have expanded premises and moved closer to the city centre.

I work 9:00 - 5:30 with 30min break. no more. This never occurred to me to be correct but my boss would always say "I'm flexible with time" so i thought he was actually quite considerate. I would work through lunch as there is only 3 ppl max in office at any one time and sometimes only 1 (other lunch/out/phone/with some) in the office I would have to answer phones/deal with clients if no one else was available. As lunch was 30 minutes there was nothing you can really do re: leaving aside from run to shop grab sandwich come back have 15 mins to eat. Again, I never complained, as neither did my co-worker. It frustrated me but I said nothing. Once or twice I asked boss could i leave a little longer, he said as long as id informed co-worker it was fine.

Over the past year I've noticed the bullying begin, all entirely directed at me. He would constantly tell me to work harder and faster, I would and work would get done and clients would be happy. It was never good enough.. At one particular time he told me again, I needed a faster output of work. I was gobsmacked as I had *just* told him how i'd cleared my entire client database and we needed to get more work in (his job) I looked on bemused as Ii was told I wasn't up to scratch. I said nothing as it made no sense to point out the irrationality of his words when he pays my wage.

Little things like this would occur frequently but i would brush them under the carpet. I constantly work late to the point whereby my entire network of friends/family have become frustrated with me for working for free (There's no overtime. Time in lieu was only to be pre-arranged before overtime was undertaken. Being naive when I signed my contract I never understood this).
On time i worked in the office on my own til 8:30pm to make sure a client got their proof. The next morning i arrive into work at 9:01. My boss emails me berating me via email for arriving at 9:01 and not 8:59pm. Shocked and afraid of losing my position I apologise.

Christmas gone by, hectic hectic period, I have all under control, Ii work very well with my co-worker. A job has been signed off and we're printing it. He comes over pulls out a sheet and starts shouting spitting "F*CK! AAH F*CK IT ANYWAY! HAS THIS DESIGN BEEN APPROVED???!!" -cue bemused looks between myself and co-worker, yes why? "LOOK AT THE DESIGN THIS WILL NEVER BACK UP!! F*CK THIS ANYWAY F*CK THIS!" - we quietly assure him it will as it does with all jobs. This was directed towards me as I designed it somehow inferring my design should compensate his rickety machine. As it happens, job printed perfectly, clients delighted.

Recently situation has become vicious. Moved premises, i had 9 posters to design, I did 12. 3 I didn't like, so went no further with them, 9 I did so gave them to him on USB. Next morning he talks audibly to co-worker about my design saying how we only have 8 as one of them is unusable. I pipe up Oh there should be 9. This unleashes a torrent of abuse from him directed at me. He raised his voice to the point where I was completely taken a back. how one of them was "SH*TE" and how on earth could we put something like that up on our walls we're meant to be a graphic design service for gods sake. I asked what was wrong with it, he said he had given me a brief and Iid just returned an unworked brief. This continued, his voice becoming more raised, I became upset though tried to hide it. He shouted HAVE YOU LOOKED AT IT??? I said i designed it i know exactly what poster you mean. I said i genuinely don't know what i could have done to make it appeal to you. I couldn't hold back the tears. He then realised he had made a mistake and looked at older versions and not the ones on the usb. He said oh well we must have our wires crossed. I ran to the bathroom and cried for 15 minutes only to return to my desk to resume work.

I was called to a review. Him and his wife who is a silent partner, ie has no knowledge of current jobs/briefs/clients etc. I was called in. Basically I was berated for 10 minutes by him and told he could legally fire me. I was told Ii dint need to speak as my opinion wasn't relevant as everything he had to say was fact. I had an issue with tardiness and he brought that up, i accept that. I brought up the fact i stay a minimum of an hr overtime every night. I was told this was not acceptable. He continued to give out to me about jobs id concluded with clients ADMITTING they liked the finished product but HE wasn't happy with it. He gave out about work i sent on a particular job to a client that wasn't to the brief, ie. Black and white. I wasn't allowed say anything so i sat numb in silence. Turns out what i had sent to the client he had written himself on the brief. I was correct. I had previously filled out time sheets but found them so time wasting that i had a momentary lapse. This was wholly my fault and i assured them i would keep them from now on. He then left, and had his wife finish "the review" Sh went through points of my contract saying i didn't fulfill them. I said Im sorry but i have done. She resolved to ask her partner as naturally she had no knowledge. It became a personal attack on me and she questioned whether i was right for this industry. I couldn't say i love my career just not my job. I eventually summed up enough courage to say how i felt victimised and bullied by her and her husband. She thought this was absolutely ridiculous. I told her how i was shouted at by my boss for something i didn't do how i had to seek refuge in the toilet as i felt bullied. She feigned knowledge and asked me to explain. I hadn't mentioned it was re: posters but she replied Her "he was stressed and hope the posters would be up sooner". I told her how i suffered from anxiety attacks and the way I was currently treated was having a direct impact on them. I was now visibly upset at this point i felt there was no point in saying anything more. It was 6:10 40mins after i was off work and i wanted to go home. i had 4 days off (they picked this time to tell me purposely so as i wouldn't be in the office creating "tension")

Monday 9:00am he hands me a time sheet that has been adapted to have a minute by minute account for not what studio outputs but what i do per day. I found this excessive as my current time sheets had client-job descrip-time. On the top it had 9:30am - 5:30pm 30min break + 15min x2 break. NEVER had this been mentioned in 2.5 yrs. He said how he is against time wasting form filling but wants to to use these in future. I used it. Was a massive time hog but nonetheless bosses orders. Tuesday 9:00am he comes in and asks me t fill it in minute by minute. I immediately realise he wants a minute by minute account of what im doing. I queried if a job is complete filed accurately what diff does it make if it goes out at 10am or 11am. He faffled a david brent/politician style answer back, knowing him i declined to engage. I asked is this a minute by minute account of what IM doing per day, He said no but if a job starts at 10:08 you cant clock it as 10:00. I felt overwhelmed, beaten down and broken. I arranged to meet my mum for lunch, i tell my co-worker I'll be a bit late as I'm meeting mum for lunch, she says take your time she does all the time. (We get on great although she is BLATANTLY favoured as she is i hate to say it but a lick ar*e. Of 30 min break she goes back after 15. She notices his mistreatment of me but refuses to say hes out of order. Her nd the wife are like b*itchy school girls, yapping laughing offering to make each other coffee, knowing my door is open and can hear. One bank hol monday she rang boss to ask did he need to her to come in. THIS is what Im up against).
Anyway, I rarely leave the office at all for lunch as there's no point. Mum notes the stress I'm under i tell her how i cry at my desk every day she asks me to go to doc to ask about anxiety med. i go back to lunch. Boss walks in immediately. Berates me for being late. I say how i had told co-worker, i was adding 15 min afternoon to my 30 min lunch and would work off rest as overtime. This was not good enough and he continued to give out. i started to have a serious panic attack. i couldn't breath i went to bathroom to call mother and the panic attack exploded. i eventually got through could only mutter come collect me managed to make my way back to office, i was in convulsions and couldn't breath, the office is small and audible from every room. i was in hysterics. mother came to collect me told boss she was bring me to doc to which he responded "i think you should". doctor prescribed Xanax and sick leave, when my mother returned note to him he said he had no idea i was in any distress whatsoever. Liar.

I am now on 2 wks sick leave. I am in no way a soft touch, the emotion expressed throughout these episodes are a direct result of mental bullying over a sustained period. I have no idea whether i have a case for constructive dismissal against him or not, I have only documented what i have written here. all overtime etc was never logged as it would be easier and quicker to note days i didn't work late. Basically i would love any any help on the matter as I'm so so torn between being vindicated for what has been an emotionally scarring sequence of events or just walking out. I am owed 10 days holiday but i don't know if i will receive them. Am i just wasting peoples time persuing the matter. I am so sorry this has been such a long post its the first time I've been able to write/talk about it and it all came flooding out

If you're still reading this I commend your attention span.

Thank you.

CoalBucket

Wow some read

I know you are looking for advice and I hope what I say can give you some help. I am going through something similar in my work but to be honest to a different degree than what you are facing.

From what you describe it is clearly a case of vicitimisation.
My first advice would be to record what was said in your review on paper. You have raised your concerns with your employer and it has been acknowledged by his not so silent partner that he was in the wrong.

The time keeping issue needs to be sorted out and I would request that your hours of work and breaks be documented to you. You are entitled to lunch breaks and your employer is clearly taking advantage. It is your responsibility to turn up for work on time but it is also your employers responsibility to ensure that you get your statuatory breaks.

• A maximum working week average of 48 hours a week

The maximum 48 hour week is based on an average calculated over a four, six, or twelve-month period depending on the industry. Your employer must keep a record of how many hours you work.

• Unpaid breaks during working hours

You have the right to a 15-minute break if working four and a half hours of work and a 30-minute break if working six hours of work.

http://www.employmentrights.ie/en/informationforemployees/whataremyrights/

I would also request from your doctor that it is noted in your medical file that you are ill due to work related stress.

With regards the timesheets, well he is entitled to request a breakdown of your hours however he sees fit. But you can also use this specifically to illustrate how ownerous and futile a task that is buy alotting time in those sheets for actually filling the sheets out.

Finally I wish you good luck with your situation and hope that your boss is less of a di*khead in the future and starts treating you with the professional courtesy that you deserve.

InReality

You have a difficult situation there. I've had bad bosses in the past but not to that level.You are clearly v good at your job , I'd try to keep that fact to the front of your mind in dealing with this.

My guess is that your boss is taking out his personal **** on you for some reason. Could be he is not making as much money now or some other thing.

In any case you don't have to stand for it , keep good records and you will get through this in the end.

See about seeing a consuller too , they can be very good for giving another perspective on things.

dlofnep

Your boss sounds like the devil himself. I really feel for you. I'd start looking elsewhere for work and get out of there ASAP.

angeline

I'd go to a solicitor who deals with employment issues and make sure your doctor is making a record of everything.

RachaelVO

Wow, that's some post!

From this point on, you've got to keep a diary, with times dates, and what was said to you and how you felt. Keep this consecutively. Get a hardback notebook and number the pages. Don't rip any pages out, but do keep it consecutively, and keep a note of how you felt. Times and date are of the utmost important!

Also start looking for another job, and start now! You have to remember something, you are pretty important to his business, now it's not that you're irreplaceable, cos no one is!

It sound like you have some form of a case, but the problem is, is that proof is pretty low on the ground (only cos I'm assuming you've not kept a record), but keeping a record and showing it to a solicitor is a good place to start. Even consulting a solicitor now is a good idea. At least then you'll know where you stand!

Good luck,

the_syco

dlofnep wrote: »

Your boss sounds like the devil himself. I really feel for you. I'd start looking elsewhere for work and get out of there ASAP.

Do this. Also don't do any free overtime; let him ask your colleague :P

johndoe99

i had a problem several years back, i left my job as a result of it, but years later regretted never having done anything about it, on a
day off saw my boss kissing this woman etc., (i thought id seen her somewhere before) whom i assumed was his wife as i'd hear
him at work chatting to the wife and kids on the phone, he saw me of course and just gave me a funny looking nod, the following day I
came in and similar to your situation, my work which he always congratulated me on was now not up to scratch etc, and eventually
began picking on me on an hourly basis (but not as bad as what your receiving), i then saw this woman at work in a different
department and all the pieces fell together, the abuse ran on for about 2 weeks, and i just walked out.

I still to this day regret not reporting him, just at the time just couldn't get out of there fast enough.

Lush Puppy

Thanks so much for everyone's advice, really helps to get perspective on a situation.

I'm still on sick leave and had a review with my doc where i told her i won't be going back to the job. I know myself I won't be able to handle the environment if I did and would most certainly lead to another anxiety attack.
I definitely feel he is taking out his personal stress and issues on me no question. Just the absolute injustice of giving so so much to a company and not only for it not to be acknowledged but to be persecuted is just hard to process. He is definitely not makin money but he has failed to make the link between him not going out and gettin clients and no money coming in. He has from day one blamed it all on studio output. He once said to me that if studio doesnt speed up then he will worry about putting food on the table for his children. I though you f*cking muppet. Dont you emotionally blackmail me for your failings. Also said that being on antidepressants (id been seein a counsellor on a weekly basis for the first year i was there) was no excuse not to come into work with a smile on my face and to leave my personal problems at home.

I've never kept a diary of anything, only a retrospective diary of major incidents like the aforementioned. I genuinely don't have the energy to pursue the solicitor path. I rang citizens advice today to see was it possible to hand in notice while on sick leave. She advised it was, but that if i handed in my final illness benefit cert there will be a delay to switching to jobseekers
unless i can prove i left for a good reason. Im assuming a doctors referral is sound enough.

I'm using these 2 wks to recover/suss out other jobs/update portfolio. Im not the type of person who could just wallow i need to have a focus and although im so torn, i feel its best to put my energy what little i have into focusing on the future of my career and not letting this awful experience kill my spirit.

I am in no way irreplacable but I would bet my life on him not finding anyone who would work the hours i worked, give the output of work on both quality/timeframe i gave, and work with no breaks as i have done for 2.5 years. My major worry now is the fact that i cant get a reference, i now have no reference for the last 2.5 years in my industry.

InReality

I'd try and put your health first for the moment , let your GP be a guide here.

Eventually you can look at the reference thing , there will be a fix for that when you put your mind to it.

Jagera

If you are looking for a job while still working at that place, then future employees will most often understand that discretion is required, and will not contact your current employer for a reference.

I would be honest in your reasons for leaving your current employer - to an extent. Yes you can take pressure, and deadlines, and you work hard. You did for 2.5 years until recently where the situation rapidly changed to unrealistic levels, giving you no choice but to seek further opportunities. Also supplement your reasons for leaving with other positive things like - I want to broaden my design skills at your company - etc..

Can you also name some of the clients as a reference?

Good luck.

the_syco

bw wrote: »

Can you also name some of the clients as a reference?

Only if they gave the OP permission to do so, but if you had direct contact with them, you may be able to do this.

Teyla Emmagan

Don't quit till you get a new job. Stay out on sick leave until you get another place to go. There should be no issue with your doctor writing you another sick note if things are that bad. Doctors are very reasonable, just go in and tell them you can't go back there yet. Your boss will have to pay you and that will be good enough for him.

That's an awful story OP, that guy really is a bully. And a really angry one too.

Ask some of your clients to be references, from what you say there should be no problem. Ring them while you're off and tell them that you might be job hunting in the next while and would they mind giving you a reference. If they say yes, then great, if they so no and tell your boss then so what, you won't be going back there anyway.

Best of luck.

Sleepy

If you set up a linked in account and connect to some of your clients you could ask them for references there?

LegacyUser

I know how you feel as I went through some thing similar a few years ago.
I took sick leave and used this time off to have a brake to clear my head and I then found a new job.
When you are on sick leave I would look for another job. Do you know that you can work for up to 3 days a week and sign on for the remaining days which may suit you.
I would ring former customers that you did work for and ask them would they give you a reference.
Good luck with every thing.

gozunda

Lp Situation sounds horific. I would suggest you go and get legal advice immediatly
Bring with you all your employment paperwork, dates and other relevant information
Do you have access to your workplace files you might wish to make relevent copies etc

a friend wrote: »

I know how you feel as I went through some thing similar a few years ago.
I took sick leave and used this time off to have a brake to clear my head and I then found a new job.
When you are on sick leave I would look for another job. Do you know that you can work for up to 3 days a week and sign on for the remaining days which may suit you.
I would ring former customers that you did work for and ask them would they give you a reference.
Good luck with every thing.

AF - Do you nean in relation to Illness benefit ie sign on for illness benefit while working up to 3 days
or
Leaving and signing on per se?

LegacyUser

Working up to 1,2 or 3 days and then signing on for remaining days is regards to work. Dole pays over 6 days - Monday to Saturday but you need to let them know if you work on a Sunday.
I mentioned this option that if you saw a part time job in your area that you would still be entitled to some dole.
The jobs market is not good at the moment so part time work might be an option for you.

ebbsy

Yeah leave, that bast@@d is treating you really badly. Get a solicitor and take him for everything he has.

When you get something else make sure he gets a revenue audit as well.

Lush Puppy

Hi everybody, sorry its been awhile but I wanted to have something to update you with before I came back. Reading your posts you've all been so helpful I've really taken your advice on board.

Since Ive last posted, my doctor had advised that I refrained from making any decisions on leaving my job until I could put some distance between myself and the situation, so as not to make a decision based on emotion.
I waited until September on his advice and called into Citizens info. They were very helpful and suggested I take a free legal aid appointment with them. Being on the dole money is tight so I decided to wait til sept when the free legal aid team were available. I would have had to have waited a further 2 wks before they were even taking appointments so I bit the bullet and enlisted a solicitor myself.

I had a meeting with him last week and he was genuinely so understanding and helpful and concerned. He said i have a good case for constructive dismissal his words being, "what planet is this man on that he thinks he can treat his staff like this". He showed me 2 routes I could go down, 1-get my portfolio off my boss based on the understanding that I will not bring him to court, ie. draw a line under it and move on or 2- go to a tribunal, who favour employees in this cases like these. Coupled with medically certified evidence he said i have a very good case.

I considered both these options and along with his advice have decided on route 1. As much I would like to get revenge on my boss, I dont think im emotionally strong enough to attend a tribunal taking a year out of my life, have to face character obliteration and have my mental health history used against me. As long as I get access to my work, I can move on. Which in the end is all I want.

My solicitor will be approaching him tomorrow asking for access to my computer so i can get copies of my files, (assuring him i wont be working in this geographical area ie. no need to worry about client poaching) along with a written reference. He is not to be on the premises and I will be supervised by my former colleague. This will follow with my resignation.
If he does not agree to these terms, my solicitor said he will have an off the record call with him saying how he has breached the HSE safety regulations for employee safety and considering my medically certified evidence, that I have a strong case.

So I'm playing the waiting game now. I see it as a win win. If I get my work back then I can move on. If not, and I have to go to a tribunal, then that's things happening for a reason. So I will play it by ear and keep you all informed.

Once again thank you so much for the advice and support you have shown it really does help.

Xx

gozunda

LP

Well done on coming to a course of action. I hope that it works out ok for you. However I am aware of a similar situation and the following issues:

Work carried out by you and paid for by a company normally belongs to the company. Check your contract if you had one.


If you have been on sick leave and resign you may forfeit your right to social welfare benefits for a specific period (check online for details)

IF you can get access to your files - try and get a copy of everything you can. You may need it at a later date

From your original mail it does not sound like you can fully trust your collegue, so I would suggest that you bring your own representative to ensure that anything that might happen or that is said is not just your word against hers/theirs.

Have you had any communication from your boss while you were out sick? Be aware he may already have taken legal advice on his position. Do not agree or sign anything. Tell them that you will look at it and get back to them. Also be careful that they do not attempt to set you up and then accuse you of taking company property.

And finally best of luck...

Lush Puppy

gozunda wrote: »

LP

Well done on coming to a course of action. I hope that it works out ok for you. However I am aware of a similar situation and the following issues:

Work carried out by you and paid for by a company normally belongs to the company. Check your contract if you had one.


If you have been on sick leave and resign you may forfeit your right to social welfare benefits for a specific period (check online for details)

IF you can get access to your files - try and get a copy of everything you can. You may need it at a later date

From your original mail it does not sound like you can fully trust your collegue, so I would suggest that you bring your own representative to ensure that anything that might happen or that is said is not just your word against hers/theirs.

Have you had any communication from your boss while you were out sick? Be aware he may already have taken legal advice on his position. Do not agree or sign anything. Tell them that you will look at it and get back to them. Also be careful that they do not attempt to set you up and then accuse you of taking company property.

And finally best of luck...

Yep unfortunately that is the case. my boss owns all the work done by me regardless if it was after hours or personal work. This is true.

What my solicitor was hoping for was that we would reserve the right to bring him to court for breaching HSE safety regulations for an employee in the workplace if he would let me access my work and have me sign a clause that ensures I won't approach any of his clients. As I'm making plans for a long term move to Australia, we figured this might appease him somewhat. Even if I got nothing out of all this I still morally, would never approach his clients. Its not ethically correct in my eyes and no matter how I've been treated I wouldn't have my name associated with such behaviour.

I'm covered by my doctor for resigning from my job as he has signed a declaration stating that I was forced out due to work related stress and bullying.

If I do get to access my files I will absolutely take what I can, and discard as necessary. I will have someone with me and also a dictaphone because I wouldn't trust either boss nor former colleague at all. May seem paranoid but I have been burnt badly.

The only communication from my boss since I left was from his wife calling me on a number I didn't recognise, to berate me for harming their business and demanding to know when I was going to return as they had a business to run.

My solicitor has been in contact with his and they have been going back and forth. At this stage my solicitor is basically saying my back is to the wall I have lost everything and have no qualms about bringing him to court for bullying as without my portfolio I have nothing. Also with my doctors notes I have a good case.

Just playing the waiting game now! And working on new pieces for my portfolio, have been commissioned by a few clients so it's nice to keep the creative juices flowing and the head up!

looksee

Been there, OP, also working for a printer. People think being a graphic designer is one of those cute non-jobs. It is one of the most stressful jobs imaginable. You make one mistake and you could be looking at thousands of euros down the drain. And its all down to you. Also, because it is extremely subjective (my brilliant concept is your idea of rubbish and vice versa) it is often very difficult to argue right and wrong.

I can't offer any advice, only sympathy. I got out, but that was my solution, it might not be for you. He is not the only printer from hell out there though.

LegacyUser

Hi OP

I have just read your posts and feel for you, I admire and commend your professionalism and the way you stood up for yourself in an extremely stressful environment where there was no respect or appreciation for the huge contribution you made to the company. It is always an attempt for the boss to dump their insecurities and issues on an employee and to feed their own need for power, I hope you are ok and in a better place today, I have had to take a good few stands at work myself, love the job but have zero respect for employer, they are a small but thriving family business, it is hard going constantly having to watch your back, based on your experience and with the wisdom of hindsight what advice would you give to anyone in a similar situation?
Best of luck Op and well done X

Ursus Horribilis

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Kristopherus

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