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Blackmail at work

  • 06-12-2010 12:20pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    I am a secretary in a medium sized organisation. There are strict rules about the use of the internet at work. About a week ago my mother was trying to book a flight urgently. Because of the panic I did it at work but was caught by my boss. He made me sign a form admitting what I did. He says he hasn't referred it to higher authority yet. He says I will be sacked if it gets higher up. He has now asked me to meet him for a "drink" after work. He is late forties, I am mid twenties. I am afraid that iof I do not go I will be sacked. I cannot afford to be laid off at this time particularly if I get a bad reference. I don't know what to do!
    part of me says go and humour him, the other part just says Yuck!


«1

Comments

  • Closed Accounts Posts: 17,485 ✭✭✭✭Ickle Magoo


    Did he ask you in person?

    I would go straight to whomever is above him and explain that you used the internet and why and ask them to deal with it compassionately so you can't be blackmailed. If you can get any record of your boss trying to use the internet booking as leverage then take that with you as explanation of why you have jumped a chain of command.

    Best of luck.


  • Registered Users, Registered Users 2 Posts: 87 ✭✭XarcherX


    +1 to above. Go straight to who's over him and admit to using the net. Don't let him hold it over you... if you give in now he'll get way worse and probably won't stop at wanting one drink after work..
    what a sleazebag, i'm shocked!!!


  • Closed Accounts Posts: 8,289 ✭✭✭parker kent


    I would be absolutely amazed if anybody was let go because they used the Internet once in work. It is not as if you were looking at anything extremely inappropriate or illegal. Yes it is against most usage policies, but they would not just fire you after one incident.

    The advice above is very good, follow that and you should be OK. Nobody in a position of power should ever abuse it the way he currently is using his position.


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    They won't be able to sack you, at worst a written warning. If the company has a policy about internet use they should have a system of enforcing the policy.

    GO to his boss, also go to human resources as it could also be qualified as sexual harrassment.

    He also should not have made you sign any such document without witness from corrosponence from HR/IT/Legal.


  • Closed Accounts Posts: 5,673 ✭✭✭Miss Fluff


    What a sleazy cnut. People like that make me sick. Did he ask you in person for the drink or email you?

    Do not under any circumstances meet him for a drink. Go to his superior and say that due to exceptional circusmtances you took a spur of the moment decision to use the internet and it won't happen again.


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  • Registered Users, Registered Users 2 Posts: 165 ✭✭Pebbles68


    I wouldn't think twice about it. I'd go straight to the Gardai.


  • Closed Accounts Posts: 19,341 ✭✭✭✭Chucky the tree


    Pebbles68 wrote: »
    I wouldn't think twice about it. I'd go straight to the Gardai.


    Definitely don't do this if you want to keep your job.


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    why, they can't fire her for this, they'd end up in a labour tribunal!

    Go to human resources and your boss's boss


  • Closed Accounts Posts: 19,341 ✭✭✭✭Chucky the tree


    why, they can't fire her for this, they'd end up in a labour tribunal!

    Go to human resources and your boss's boss



    If it's in her contract that she can't use the internet and she did then they can just use that as the excuse. Go to your boss boss and HR and say you used the internet, but I wouldn't mention anything about what the boss did.


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    she would need written and verbal warnings first...
    It also depends on their internet usage policy...

    If they have a strict internet usage policy and they're a decent size firm, they should be policiing it either on their firewall or via a proxy server.

    Would need a good look at their policy though because it sounds like a bad HR/IT implementation and more than likely wouldn't stand up in court.

    Would also like to see the documentation she signed because thats the first i've ever heard of that in any company.

    I dont think this should be in the Personal Issues forum.

    Mods this should be moved to legal, no?


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  • Registered Users, Registered Users 2 Posts: 1,691 ✭✭✭JimmyCrackCorn


    Did he ask you in person?

    I would go straight to whomever is above him and explain that you used the internet and why and ask them to deal with it compassionately so you can't be blackmailed. If you can get any record of your boss trying to use the internet booking as leverage then take that with you as explanation of why you have jumped a chain of command.

    Best of luck.

    No company will fire you for that. At most a warning, if worried about this contact a solicitor. Its unfair to have an automatic dismissal.

    I would contact HR or a superior manager as this is abuse of position and a much more serious offence.

    If you can gather any evidence of this harassment it will make your life easier.


  • Closed Accounts Posts: 17,485 ✭✭✭✭Ickle Magoo


    I dont think this should be in the Personal Issues forum.

    Mods this should be moved to legal, no?

    The Legal discussion forum is for just that - they (and we) cannot and will not offer legal advice. If the OP requires legal clarification regarding the employment protocols for their place of work, they should contact a solicitor.


  • Registered Users, Registered Users 2 Posts: 848 ✭✭✭ravima


    +1 go th HR or a higher level than whoever made you sign something. Ask for a copy of the document you signed as well - that'll put pressure on the maggot. I'd also mention to HR that he wanted to meet you 'for a drink' and ask their advice as to what to do!

    That puts them in the frame and they will have to investigate.


  • Registered Users, Registered Users 2 Posts: 4,065 ✭✭✭Miaireland


    Pebbles68 wrote: »
    I wouldn't think twice about it. I'd go straight to the Gardai.

    I can see where you are coming from but what law has been broken? He has asked the op to come for a drink with him. We all know what he means but he actually has not committed any crime. He invited her for a drink, the police will say she is just reading something into it. She has no proof of blackmail.

    Instead OP go to HR. Explain the situation. I can't see them firing you over booking a flight, it is not like you spent hours on facebook, chartrooms, eBay etc. You can offer to take a shorter lunch break to make up the time but I would think they would be more concerned about your boss's behaviour than your five seconds on.


  • Closed Accounts Posts: 132 ✭✭hsi


    Crazy,, if you are not supposed to use the internet, then they should block it.

    In the company where I work all the sites I visit get reported to my boss. He does not care as long as I am not in it all day. Booking a flight is totally acceptable even for your mother.

    God Speed.


  • Registered Users, Registered Users 2 Posts: 121 ✭✭futonic


    I think you need proof of what he's up to. if you were to go to HR now as advised above, he would just deny it.

    Go for the drink and bring a hidden recording device, tape recorder or something. Or even a phone a friend/colleague on speaker, so they can witness what he's up to.


  • Closed Accounts Posts: 513 ✭✭✭Mozoltov!


    futonic wrote: »
    I think you need proof of what he's up to. if you were to go to HR now as advised above, he would just deny it.
    Asking her to sign a form admitting to what she did and retaining it rather than pushing it forward right away would prove that he's hanging it over her.
    Go for the drink and bring a hidden recording device, tape recorder or something. Or even a phone a friend/colleague on speaker, so they can witness what he's up to.
    Don't do this. It's illegal to record a conversation with a person without their prior consent.

    Go over his head, tell your super's that you used the internet and for the reasons.

    If you're at the company a while and this is your 1st slip up, albeit minor, it'll be thrown out. He's using scare tactics and knows damn well that you wont be sacked for something so small, especially if you're doing your job well.

    Prove to high-ups in your company that doing this small favour for your mother did not sidetrack you from any of your work or day to day duties and explain that your boss threatening you with termination of work was quite upsetting.

    TBH this is clear blackmail with sordid intentions. Anyone human enough could have cast their eye over this and been blind to it. I can't see you getting let go over going on to ryanair or the likes. :)

    Don't fret, the reason he hasn't brought it to the attention of higher ups is because he knows he has nothing.


  • Registered Users, Registered Users 2 Posts: 121 ✭✭futonic


    Mozoltov! wrote: »
    Asking her to sign a form admitting to what she did and retaining it rather than pushing it forward right away would prove that he's hanging it over her.

    He wouldn't show it. He'll just deny anything happened at all. Or he could say, yes he did catch her on the internet and warned her that she shouldn't, but no he didn't ask her to sign anything, or ask her for a drink. She must have concocted this story, in order to get out of trouble. Now prove otherwise.
    Mozoltov! wrote: »
    Don't do this. It's illegal to record a conversation with a person without their prior consent.
    It's not illegal to phone someone and forget to hang up.


  • Registered Users, Registered Users 2 Posts: 463 ✭✭smiles302


    futonic wrote: »
    It's not illegal to phone someone and forget to hang up.

    Is illegal to tape that conversation...


  • Closed Accounts Posts: 513 ✭✭✭Mozoltov!


    futonic wrote: »
    He wouldn't show it. He'll just deny anything happened at all. Or he could say, yes he did catch her on the internet and warned her that she shouldn't, but no he didn't ask her to sign anything, or ask her for a drink. She must have concocted this story, in order to get out of trouble. Now prove otherwise.


    It's not illegal to phone someone and forget to hang up.
    If a company had such forms I'd expect them to be numbered or by default they'd have to rule in favour of the employee making the complaint about the behaviour of a superior.

    If they are numbered and it's looked in to, there'll be discrepencies i.e. form #122, #123 & #125 are there, but #124 is missing.

    Again, if there's no numbers to record incidences as they occur, then it's the companies fault. There's nothing worse than putting an untrustworthy person in a position of power in the work place.


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  • Closed Accounts Posts: 911 ✭✭✭whatsamsn


    If you go to HR/Above his head, you have to expect the possibility it to go no-where. He'll either flat out deny it or they'll just entertain you. For every one sexual harressment case that gets acted upon, loads fall on deaf ears. The world we live in.


    You could very well be in a catch 22 situation (look at outcomes)

    - If you tell the manager to get lost, he'll have it in for you (common sense if he is willing to blackmail you for a drink) ... So he could be gunning for you or you'll be the first to get the axe when cutbacks are on the table.
    - If you goto HR etc, it could fall on deaf ears. Being a manger, he has more clout than you with the higher ups (aka who will then listen to more?)
    - If you goto HR and they DO listen and say to him to stop messing about. He'll DEFINITELY have it in for you.
    - A user mentioned going to the guards. All they will do is take a statement and advise you to record any further incidents :rolleyes:
    - If you think by going out for that drink will solve things, it wont. He'll just suggest something else and the same blackmail method will be used.

    Remember your pride and self-respect here. You have to put this old chancer in his place. If I was in your shoes i'd tell him to get lost (in a nice way obviously) then see what he does. If he tries to get you back, goto HR. I know you could lose being pre-emptive this way, it beats rocking the boat to begin with.


  • Registered Users, Registered Users 2 Posts: 422 ✭✭zxcvbnm1


    The solution is simple. Politely decline his offer. He won't report you for being on the Internet. Like - your 'crime' could not be any more irrelevant.

    He's bluffing you about the Internet thing. The company clearly don't have an issue with people using it sometimes. Otherwise you wouldn't have access to any sites.
    You will get in zero trouble for that. No person in their right mind would complain someone for being on the web. Anyone in their right mind would be way too embarrassed to bring such a thing to hr.Hr would laugh him out of it with such a complaint.
    They have far better things to be doing with their time.

    Op - are you sure you didn't misunderstand his thing about the Internet?
    It seems bizarre that anyone in their right mind would use such a misdemeanour as a tool and expect the recipient to actually believe it.

    <snip>


  • Closed Accounts Posts: 911 ✭✭✭whatsamsn


    zxcvbnm1 wrote: »
    He's bluffing you about the Internet thing.

    I agree 100%.
    He is just blowing your internet usage out of proportion as a way to get you to go out with him so he can chance it on.

    Just let the old chancer know you aint interested. Then its up to him. If he wants to rock the boat after being rejected, then goto HR/Above his head.


  • Registered Users, Registered Users 2 Posts: 533 ✭✭✭blackbird98


    send him an email begging him not to report you, and turning down his offer of going for a drink at the same time. (also BCC it to a friend - preferably a work colleague) If he hasn't replied within a given time frame, tell him you are going to report him to his superiors.



    Or, you could type a letter explaining to him that it is totally inappropriate behaviour to try to blackmail you into going out with him, and that you will report him to his superiours, and also get a work colleague / friend to sign it as a witness.


    that should scare the sh1t out of him!!


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    Stop giving useless advice.

    Stik to appropriate channels and go to HR. Thats what they're there for.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    I know the internet seems like a small thing, but there was an incident a few months ago when someone got in a virus from a personal e-mail. It casued mayhem. There was a written warning sent to everyone saying that the company almost closed down for good over it and anyone breaching the internet policy would be liable to dismissal. As well as that, my role changed about 9 months ago. I was asked to take over some work with an accounts package after another girl left. I did it because business has got quiter and they did not want to hire a replacement. If they had I maight have become redundant. I took the work on, was given a new contract and put on probation. Since then I have made a few mistakes because there was no training given. It would be easy for my boss to get rid of me.


  • Registered Users, Registered Users 2 Posts: 533 ✭✭✭blackbird98


    Stop giving useless advice.

    Stik to appropriate channels and go to HR. Thats what they're there for.

    that's a matter of opinion, and obviously ours differ. If the Op doesn't have any proof that this has happened, how are HR (assuming there is an HR dept) or any other superiors supposed to make a decision? Who's word do they take???


  • Closed Accounts Posts: 513 ✭✭✭Mozoltov!


    I know the internet seems like a small thing, but there was an incident a few months ago when someone got in a virus from a personal e-mail. It casued mayhem. There was a written warning sent to everyone saying that the company almost closed down for good over it and anyone breaching the internet policy would be liable to dismissal. As well as that, my role changed about 9 months ago. I was asked to take over some work with an accounts package after another girl left. I did it because business has got quiter and they did not want to hire a replacement. If they had I maight have become redundant. I took the work on, was given a new contract and put on probation. Since then I have made a few mistakes because there was no training given. It would be easy for my boss to get rid of me.
    Booking a flight online entails a much lower risk than opening emails on work computers.

    Both your company's Anti-Virus software and the airlines secure website would ensure no viruses/hackers pass through.

    If you'd been caught opening personal emails, fair enough. However this seems fairly black and white of you using the net for a couple minutes on a secure site. I don't see any risk to your company's sytem/servers/computers. What if, by chance, a superior needed you to book them a flight to a meeting or the likes? Would they make you go use the internet café across the road or would they trust their own offices networks?


  • Subscribers Posts: 19,425 ✭✭✭✭Oryx


    If you give in to him, where do you think this is going to go? A glass of wine and a pat on the leg? If you feel his motives are improper, then absolutely you need to talk to someone in a higher position than him. Even if you dont bring up the harrassment, you need to discuss all your problems in the company with someone other than him, because for sure he does not have your best interests at heart.


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  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    that's a matter of opinion, and obviously ours differ. If the Op doesn't have any proof that this has happened, how are HR (assuming there is an HR dept) or any other superiors supposed to make a decision? Who's word do they take???
    HR have to take the accusation seriously whether there is evidence or not.

    Threatening him won't make matters any better, especially if she's directly reporting to him. If someone threatened me like that i would go to HR as her boss for blackmail.

    If she gets to HR first, notifies them of the incident and her interpretation (spelling) of the events HR will have to go to him and conduct an investigation.

    The least that she can expect is that he treats her better. If he doesn't she can go back to HR and further report him for discrimination due to previous complaint and bullying.

    This sort of behaviour is unacceptable in any workplace, and i don't know of too many workplaces that would stop you from booking flights using a business computer.

    Here in my office I block Social Netorking, Forums, Gambling and Personal Email sites for over 500 employees. We however allow access to ebay, travel sites etc.

    Our blocking however isn't to prevent people abusing internet access, its to assist in preventing data loss etc.


  • Closed Accounts Posts: 76 ✭✭jenny jinks


    O/p you should go out for that drink. Your life will be made hell otherwise and you will definetly be sacked. You will find that you are not the first girl he has done this to and you won't be the last. The thing to do is arrange to meet him somewhere and after twenty minutes have some big guy approach and introduce himself as your boyfriend. Let the boyfriend sit and glare at hime for a few minutes. During the time you are alone with him make sure you record what happens. If he is married you have him over a barrell.
    I work as a secretary in a solicitors office and this kind of thing is very common. The girl never wins.


  • Registered Users, Registered Users 2 Posts: 34,734 ✭✭✭✭Penn


    I was going to suggest something similar. Say you'll meet him in XXX pub at a certain time, then show up with a bunch of other people from your work and act like nothing happened. He'll presume you told people about his offer and will probably just try and sweep everything under the rug. But bringing other people with you will show him that you're not willing to be blackmailed and you're not naive enough to fall for his tricks. He should back off.

    It does seem like you have more to lose than him by going to HR, especially since his offer of a drink is a) your word against his, and b) no indication that he was trying to blackmail you. He only said going for a drink. He sounds like he's slippy enough to weasel his way out of it. Going for a drink with him but having either your boyfriend or workmates there will show him that you're not going to get trapped and you're not weak enough to play his games. If he decides to report you, just explain your case as best you can to HR and hope for the best. But would getting the sack be worse than getting blackmailed by this guy into doing god knows what?


  • Closed Accounts Posts: 223 ✭✭pollypocket10


    OP first off you will not be sacked for this. If you were you would have a strong case for unfair dismissal. At worse it warrants a warning but most likely it would be just a caution. If you have an employee handbook take a look at the disciplinary procedure to ease your mind.

    Your bosses behavior is highly inappropriate and could be construed as harassment or sexual harassment. Has he mentioned it to you since the first occasion? While it is still fresh in your mind write down the conversation exactly as you remember it and note the day, time and location. Ditto for any other time it has been mentioned.

    I would suggest you bring this information with you to HR and note your concerns. They will ask you if you want to raise a formal grievance, I would suggest you do as their is nothing that can be done if you don't.

    Good luck OP


  • Closed Accounts Posts: 681 ✭✭✭Elle Collins


    O/p you should go out for that drink. Your life will be made hell otherwise and you will definetly be sacked. You will find that you are not the first girl he has done this to and you won't be the last. The thing to do is arrange to meet him somewhere and after twenty minutes have some big guy approach and introduce himself as your boyfriend. Let the boyfriend sit and glare at hime for a few minutes. During the time you are alone with him make sure you record what happens. If he is married you have him over a barrell.
    I work as a secretary in a solicitors office and this kind of thing is very common. The girl never wins.

    What a sickening piece of advice!

    OP, go to HR - end of story. If anyone is in fear of losing their job here it's him. The company cannot be seen to be turning a blind eye to such blatent sexual harassment, otherwise they're in for a tough day in the labour court and they'll bloody well know it.


  • Closed Accounts Posts: 590 ✭✭✭SparkyTech


    O/p you should go out for that drink. Your life will be made hell otherwise and you will definetly be sacked. You will find that you are not the first girl he has done this to and you won't be the last. The thing to do is arrange to meet him somewhere and after twenty minutes have some big guy approach and introduce himself as your boyfriend. Let the boyfriend sit and glare at hime for a few minutes. During the time you are alone with him make sure you record what happens. If he is married you have him over a barrell.
    I work as a secretary in a solicitors office and this kind of thing is very common. The girl never wins.

    We live in an era where sexisim and bullying are not tolerated and taken very seriously by HR. Treating a woman less equal then a man is outlawed under the Equality Act. Blackmail is a criminal offence.

    OP, report the matter to your company supervisor and if this man tries to intimidate you any further go to the Gardai.


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  • Registered Users, Registered Users 2 Posts: 387 ✭✭gimme5minutes


    Mozoltov! wrote: »
    Don't do this. It's illegal to record a conversation with a person without their prior consent.

    It's not illegal to record a conversation with a person without their prior consent. It might be inadmissible as evidence in court but it is not illegal. That said, I'm even sure if it is inadmissible as evidence in an Irish court, you'd have to ask on the legal discussion forum for that.


  • Registered Users, Registered Users 2 Posts: 34,734 ✭✭✭✭Penn


    But the boss never said he wanted anything in return for staying silent about the OP using the Internet. He just asked her to go for a drink with him. Now, obviously, it's quite clear what he's doing and what his intentions are, but he hasn't actually done anything wrong yet. It's hard to tell without hearing the conversation that took place, but unless he said that you had to go for a drink with him or he'd report your Internet usage, he hasn't done anything wrong.


  • Closed Accounts Posts: 86 ✭✭BCC4LYFE


    think of your job...imagine you are sacked because of this you will have no money....


  • Registered Users, Registered Users 2 Posts: 10,910 ✭✭✭✭28064212


    O/p you should go out for that drink. Your life will be made hell otherwise and you will definetly be sacked.
    What's the logical conclusion to that? She should let him kiss her? Grope her? Sleep with him? Do you think he's asking her for a drink in order to get a free pint or something?

    OP, politely decline the drinks offer, the exact same as you would if he wasn't holding this over you. What to do next will depend on his actions. It's likely he'll just end it and say nothing. If he sends the report upstairs, you're just going to have deal with the consequences: you shouldn't have used the internet for personal reasons. If your boss didn't want to hold this over you, he would have passed it up anyway, so you're no worse off

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  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    BCC4LYFE wrote: »
    think of your job...imagine you are sacked because of this you will have no money....
    Legally, she can't get sacked for this.


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  • Closed Accounts Posts: 76 ✭✭jenny jinks


    I work inm a solicitors office. hardly a month goes by where we do not have some variation on this. the o/p can go the HR. HR ask for a statement ans ask the boss to comment. He claims that she has been coming on to HIM and asking HIM out for a drink. She is in fact a bit obsessed with him. He has explained that he is happily married with three children but she will not stop propositioning him. he says that he did not view the internet infraction seriously and wanted to be covered in case something else happened with a virus. He says he has warned her a couple of times about mistakes with the accounts package. He claims she told him that she was familiar with the package and that was why she was given the new job. If he knew then that she was not familiar with the package he would not have recommended her for the job.
    The o/p now has to admit making mistakes with the package and to using the internet in breach of regulations. HR now say they don't know who to believe and the boss gets the benefit of the doubt.
    Now the o/p is a pariah. The boss hates her. All of the other employees begin to ignore her as they realise that no friend of hers is a friend of the boss.
    It all ends when she gets stress related illness and goes off sick, never to return.She gets a crappy reference and finds every door closed against her.
    The law is no help. Nothing can be proven.


  • Registered Users, Registered Users 2 Posts: 34,734 ✭✭✭✭Penn


    I work inm a solicitors office. hardly a month goes by where we do not have some variation on this. the o/p can go the HR. HR ask for a statement ans ask the boss to comment. He claims that she has been coming on to HIM and asking HIM out for a drink. She is in fact a bit obsessed with him. He has explained that he is happily married with three children but she will not stop propositioning him. he says that he did not view the internet infraction seriously and wanted to be covered in case something else happened with a virus. He says he has warned her a couple of times about mistakes with the accounts package. He claims she told him that she was familiar with the package and that was why she was given the new job. If he knew then that she was not familiar with the package he would not have recommended her for the job.
    The o/p now has to admit making mistakes with the package and to using the internet in breach of regulations. HR now say they don't know who to believe and the boss gets the benefit of the doubt.
    Now the o/p is a pariah. The boss hates her. All of the other employees begin to ignore her as they realise that no friend of hers is a friend of the boss.
    It all ends when she gets stress related illness and goes off sick, never to return.She gets a crappy reference and finds every door closed against her.
    The law is no help. Nothing can be proven.

    That's a very harsh view and there is no indication that things will work out that way with the OP.

    OP, just politely decline his offer. If he decides to report your Internet usage, then let the chips fall where they may. But do not let yourself get trapped by him. No job is worth that.


  • Closed Accounts Posts: 76 ✭✭jenny jinks


    That's a very harsh view and there is no indication that things will work out that way with the OP.

    No indication! I see it all the time.


  • Registered Users, Registered Users 2 Posts: 2,630 ✭✭✭Zen65


    Legally, she can't get sacked for this.

    Matt, the OP is on probation under a new contract, so she can have her employment terminated for any breach of company policy. It's perfectly legal.

    OP,

    You're in a tough spot. Your long-term goal has to be to limit any damage as a result of this manager's actions.

    Here's what I suggest:

    1. Ask your boss for a copy of the letter you signed admitting your actions. Let him know that you want to take to HR yourself, as you are unhappy to have the matter hanging over you.

    2. If he gives you a copy of the form, then take it to HR and let them know what has happened. Tell them you believe that he is behaving inappropriately towards you by asking you out for a drink following this incident, and with the veiled threat that you will be sacked if you don't comply.

    3. If he refuses to give you a copy of the form, go to HR anyway and tell them what has happened. Your position in this scenario is a little compromised. Your boss can deny there was ever a letter signed by you, and simply say that you're making the whole thing up. If there is an IT department (and it doesn't sound like it, because if they got a virus from somebody's e-mail the IT system is being run by idiots there) they might be able to pull up a copy of the document that he created from his user account backup. If they find the letter exists and that he has not forwarded it to them then your position sounds very credible.

    Bear in mind that relations between you and this boss are doomed once you go down this route. On the other hand if he's willing to coerce you into a social encounter of this kind he's probably planning to let you go anyway. Going to HR before he tries to terminate your employment gives you a stronger position, as they will be shy about the possibility of an unfair dismissal/sexual harassment case. If they accept your story they may opt to sack him or (more likely) move him to some other role in the company.


    Be at peace,

    Z


  • Registered Users, Registered Users 2 Posts: 2,728 ✭✭✭dilallio


    OP - How long are you working for this company, and is this guy well-liked at the company?
    I have encountered a situation where an employee who had a disagreement with her manager was fired even though the manager was completely in the wrong. As she was working there less than 12 mts, she wasn't covered by the unfair dismissal act, and although it was wrong, it was easier for the company to fire the girl rather than disciplining the manager.

    Keep in mind, that the longer that he holds this information about your internet usage, the harder it will be for him to notify HR - if he does notify them they will ask him, why didn't he bring it to their attention sooner.

    Do not go out for a drink with him - if you do, regardless of whether you have other friends / colleagues there, you will be giving him a clear message that his tactics are working, and he will just increase the pressure.

    Have you any colleagues at work who are there a while who you can ask for advice, and to see if he has a track record of this type of behaviour, and what was the outcome?

    If you go to HR, you will need to admit that you were using the internet, so find out first what the company's policy is for dealing with infringments here. Is there anyone else who has overheard him asking you out? - if not, he will probably deny it, and HR will be in a position of having to believe you or him, but will have no proof.

    If I was you, I would ignore it, and try to ignore his requests for a drink by passing it off with a laugh - tell him something like you need a chaperone and she's not around at the moment. This may sound like stupid advice, but the fact is, unless you have a HR dept who will deal with this extremely well, you will be working with this guy for the forseeable future, and you are better off trying to diffuse the situation rather than letting it get out of control. In an ideal world, you should not need to do this. Good luck!


  • Registered Users, Registered Users 2 Posts: 34,734 ✭✭✭✭Penn


    No indication! I see it all the time.

    Yes, but then there are the ones that you don't see. Nobody can predict what the HR department or the OPs manager will say. It's too hard to predict what will happen in this scenario, so all the OP can do is cover herself as best she can.


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    Zen65 wrote: »
    Matt, the OP is on probation under a new contract, so she can have her employment terminated for any breach of company policy. It's perfectly legal.

    Not quite true:
    OP wrote:
    I know the internet seems like a small thing, but there was an incident a few months ago when someone got in a virus from a personal e-mail. It casued mayhem. There was a written warning sent to everyone saying that the company almost closed down for good over it and anyone breaching the internet policy would be liable to dismissal. As well as that, my role changed about 9 months ago. I was asked to take over some work with an accounts package after another girl left. I did it because business has got quiter and they did not want to hire a replacement. If they had I maight have become redundant. I took the work on, was given a new contract and put on probation. Since then I have made a few mistakes because there was no training given. It would be easy for my boss to get rid of me.

    Even though she's on a new contract within the company she can't be put on probation for it. The only way i could see that working is probation extension, which can only be done if she's still in probation.
    Can my contract include a probationary period?
    Yes, your contract may state that you are on probation for a stated period, for example six months. The contract may also provide for the period of probation to be extended. An employee on probation cannot rely on the unfair dismissals legislation unless he or she has more than a year's service, or is dismissed for trade union membership or activity, or for matters connected with the employee's pregnancy or claiming of maternity rights, or for seeking to avail of certain employment protections such as the national minimum wage. Other rights such as information on terms of employment, holidays, payslips and so on apply to an employee even while on probation.

    I believe two seperate terms of probation under one term of service is not allowed, My best guess is that with her 9 months in current role and whatever service incurred beforehand i would say she's over the year and qualifies for protection under the unfair dismissals legislation. Probation relates to the term of service, not the term of current role. With that methodology everyone who gets a premotion would be under probation, people who do a career change within a company would be under probation etc.


  • Registered Users, Registered Users 2 Posts: 1,708 ✭✭✭curlzy


    Blackmail is totally illegal, especially if he wants you to "go for a drink" with him. YUCK!!! That's beyond disgusting and sick:mad:. Either a) go for the drink and bring a tape recorder, that way you can have something to blackmail him with, and in fairness what he's doing is so much worse, or b) like others said go above his head. For goodness sake don't bloody give in and sleep with him!!!! I would also suggest getting some legal advice and contacting your union.


  • Closed Accounts Posts: 86 ✭✭BCC4LYFE


    babe your his now it seems but if ya want to drop me a pm i could 'sort him out' with a few of the guys ;)


  • Moderators, Society & Culture Moderators Posts: 16,698 Mod ✭✭✭✭Silverfish


    BCC4LYFE wrote: »
    babe your his now it seems but if ya want to drop me a pm i could 'sort him out' with a few of the guys ;)

    Banned for a week.


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