Feel as if being managed out.

LegacyUser

Hi,

Sorry about long post but I'm seriously stressed and would appreciate some advice.

I work as a sales account manager for a large multi-national computer maker. I look after a portfolio of accounts and would have a seven figure quarterly sales target.

I've been there nearly ten years and general conditions and morale have been getting worse over the last 3 - 4 years and it's become more and more stressful and difficult to hit targets.

I've suffered from depression for a number of years (took 3 weeks off work about 4 years) but generally everything is OK with medication. I've always been a hard worker - putting in extra hours, logging on from home in the evenings, etc - and the depression never really gets in the way. Worst I ever get is a need to work from home occasionally as somedays I just need to be alone. Doesn't really affect work as it's phone based.

Anyway, about 3 months ago, the stress of work hit me like a train and I had a serious stress / depressive episode. My doctor was very concerned and due to the level of medication he had to put me on considered hospitalisation.

I ended up taking 3 months sick leave and returned to work today.

HR have "invited" me to an investigation meeting with my manager and a rep from HR. The invite included a copy of the Disciplinary Procedure and the Sick Leave Policy. They've said I can bring a colleague with me if I want.

I've had a long running issue with them over pay that my manager is sympathetic too but is unable to resolve. I've made it be known that I would consider redundancy - other areas of the company are offering packages.

I also found out that despite my custoners writing about 70% of my target whilst I way away, for the last 8 weeks of the period my commission, which makes up a significant portion of salary, is halved, then zeroed.

Whilst I was sick I may have committed a small breach of the sickness policy. Even though I informed my manager about my progress and have doctors certs covering the entire period it seems that I should have rung my manager once a week to check in. I may not have done this - to be honest I was in no fit mental state to do so, as my doctor will happily testify.

I'm a bit freaked about the meeting - I've seen the way they treat people - and I may bring a colleague who I trust with me.

What I was wondering was would it be legal for me to record the meeting - I want a verbatim record and I'm more than happy to give a copy to the company.

They also state that the meeting is confidential and must not be discussed outside the meeting. I want to insist that anything I say is "without prejudice" and that I reserve the right to discuss with my doctor / legal representative.

In common with a fair number of account managers I've had a tough couple of years numbers wise due to the recession and slowdown in spending.

I just feel that they're trying to manage me out - I admit I might be being paranoid but I've seen it happen to often.

To top it all, when I came back from sick leave, they gave me a load of new accounts to manage.

Sorry about the essay but any advice would be really appreciated.

Sarah.

tatli_lokma

First of all, sorry to hear you haven't been well. You need to take care of your health and stressing over something like this won't help. Easier said than done I know but try.

As for the disciplinary, being off sick and unable to perform your duties can in fact be a disciplinary matter. Many companies will have it as a standard procedure when someone returns from extended sick leave to hold a meeting. The purpose could be to manage you out, but it could also be to assess you are now fit for work and that your previous illness does not require the company to make any accommodations for you. So until you know what the purpose is, don't worry yourself too much

I would say go to the meeting but bring a witness. Just listen to what they have to say and rather than stating 'without prejudice' instead anything which might come back on your just don't answer and tell them you need time to consider your response and possibly seek further advice.

This might sound awful but actually the fact your illness was due to mental health is good for you, because your employer will need to be very careful not to be seen as a contributing agent in your illness. If you got a physical illness which no one could be responsible for or see coming they could go fact sack you for being unable to do the job they hired you for. But with it being a mental health issue, if it was believed that work practices contributed to you being ill then it is much harder for them to play that card.

As I say, try not to over analyse too much. Give your poor brain a rest. Go to the meeting with a witness and keep an open mind. Don't say more than you have to, and if you feel that things are getting out of your control or are taking a more sinister turn ask to stop the meeting so that you can seek advice. If you are in a union bring your union rep. If not just bring a colleague - they are not there to participate actively just to act as witness to what is said. Get a solicitor if things turn serious.

Good luck.

Eoin

Hi Sarah, that's a tough situation.

As you're probably aware, depression is considered a disability in Ireland, not just an illness. This means that your employer must be more flexible than they might be for someone who was off work for an illness. I would suggest that you do a bit of research online so you are able to provide them with a reminder of their obligations.

Not a great sign that they didn't have a "back to work" meeting to make sure that you're OK, and if there's anything they can do to help you ease back into it; rather than going into the disciplinary procedure.

The legal forum might be a better place to ask about recording the conversation, and probably about being able to disclose what's said in the meeting to your legal or medical professionals.

If you're OK with a colleague knowing the details of the meeting, then I'd definitely be inclined to bring someone along that you trust.

Also, remember that you have the right to appeal the outcome of the investigation if you're not happy with it.