Career big problem- long but any advice would be awesome

Chev Chellios

Hi folks,

I will try and keep this short but there's alot going on right now and really need advice. Basically I've had a lot of bad personal problems go on and work has been crazy over the past two years and I had a nervous breakdown, which very few people know about. I've spoken to my doctor numerous times and had counselling as well as anti-depressants and he advised me to stay at work as once you are off sick long term it's hard to get back into things. Basically I've been involved in some major projects over the past year and practically running the department with other managers and colleagues off on long term sick, so much so my manager put in for a raise and promotion for me recently.

However I made a mistake a couple of months ago, nothing big- I did not hide it at the time though I did not admit it kind of hoping things would blow over- it has done my company no financial or reputational harm but something happened a few weeks back and it came to light. I've been suspended on full pay along with other colleagues as they have basically trawled emails and found some inappropriate ones whilst looking at the other issue which I admitted. My manager has stated he will do what he can and wants me back asap but HR are looking into it as things have got complicated with others involved which I can't discuss at present though they reckon they could go down the gross misconduct route as some of the emails are not very nice about a colleague. He is absolutely useless at his job and this has been raised numerous times with management so they seem to be investigating a lot at present.

I have a family to support and so am panicking that I could lose my job so I have updated my CV and am getting alot of interview offers etc which is great but I am worried how things will look if I was to resign to go elsewhere (as an investigation is ongoing) or to stay and fight my corner but potentially be out of a job soon. I just wondered if anyone has been through anything similar or could offer advice. I've been there 4 years with no issues before and I love my job (just not the environment) as I get alot of experience to alot of technology and am highly regarded in my department and throughout the business so part of me really does want to stay. I work in Sys Admin and have alot of experience but no formal certs though I really should've got my MCSA in the bag but I struggled with everything else going on at the time. My wife thinks I am being crazy and need to cut my losses for her and our sons sake and get something else lined up asap but I just wonderedwhat you guys think?

Cheers,

Chev

Asif Dasl

Tricky situation - If it were me I would jump before being pushed, being pushed looks really really bad. It doesn't look good about the emails and an investigation will be stressful about the mistake you covered up, and as much as I know you love to work there you made some errors of judgement and they have come back to bite you - to me, you can forget about the raise and promotion. I doubt things will blow over that much that everything will turn out A-OK.

If you are getting interview offers I would go to them, find out about the other places, you have the time to go to the interviews after all. It's a really tricky situation, because you were regarded highly before these incidents, but that may not be the case going forward - so I would jump before being pushed and look for a new start somewhere else.

Others may have a different view.

Good luck with the situation.

Chev Chellios

Hi Asif,

Thanks for the prompt reply. I have to admit now I have finally written down what is going on I think I have made my mind up to really apply and look elsewhere as it does look bad and it could go either way. I had an interview yesterday which went well but its only for a short term contract, then again anything is better than potentially being pushed out of the door. I've heard nothing from my company after a week and a half and my Union rep reckons we could all fight this but to be honest on reflection I would rather just go as even if I don't get pushed something could be on my record anyway. My main concern is getting a reference as HR won't write me one currently and I can't ask my immediate manager or anyone else there as I am not allowed to get in touch with anyone whilst the investigation rumbles on. My department manager and HR know I am applying elsewhere and having interviews as I had to ask them about it as wasn't sure on the grounds of what is happening and I needed clarification as didn't want to make a bad situation any worse.

I have plenty of good references from other previous IT jobs I can use but am worried if I find something else they will wonder why I don't have a reference for my 'current' employer- again this is all up in the air at the moment as my suspension letter had no grounds for an investigation and my union rep and ACAS do not think my employer is dealing with the situation correctly. Just to clarify, I am not making excuses as I admit I have made some massive errors of judgement, just want to made folk aware its a tricky situation

Jon_Cisco

Sounds like it sucks. First thing I would do is reflect on how you got yourself into this situation. Sounds like you are dealing with some sort of depression or anxiety. Make sure you follow though with that treatment as it does not go away on it's own and can destroy a person if they are not aware of it.

As to the job. Only you know the specifics but if you are in such a situation it's probably bad enough that you would not want someone in similar circumstances working under you. The management might see it the same way which means you would be counting on the union to save your job. Better to move on I think. Not having a current reference sucks but I would bet a lot of people leave off current contacts during job hunts.

I hope it all works out for your family. Just try to uses it as a learning experience. Reflect on it in a few months when it's not such a pressing issue.

Good Luck!

chopsticks

If I were you, I will move on to another company. Why? It's because you have a family to support and you can't play this type of waiting game with them. Another thing is, try to take things easy because there's always solution to a problem, so you do not need to stress yourself out. Hope things are getting better for you and hear from you again. Cheer up

Danielm7

As for the references from a current employer, I'd never expect that from someone. If I was to ask my current boss to be a reference he'd know I was looking elsewhere, and most bosses would then start looking to replace you. Maybe I'm missing something in the union situation but I'd never expect someone to use a current boss as a reference.

Chev Chellios

Thanks for the positive advice guys. You will all be proud, as I am really, for making the jump. I got offered a contract job to start asap based on my doing well at both interviews and have handed in my resignation with immediate effect with my current (ex?) employer so exciting times- as if I had given notice it could've gone on for 4 weeks and I wouldn't have got another job any time soon. My manager was gutted to lose me and has offered to write a good reference anyway so it all appears to have worked out as well as it possibly could have done.

I suppose my advice to everyone is try and be positive, sometimes as one door is closing another better one can open! Feeling excited again for my new role and hopefully will encourage me to get studying again after being down in the **** for too long- my other advice is to anyone feeling low get help, medication and counselling are well worth it!

Cyberscum

Chev Chellios wrote: »

Hi folks,
I've been suspended on full pay along with other colleagues as they have basically trawled emails and found some inappropriate ones whilst looking at the other issue which I admitted.

I do believe that although you utilize a companies resources, you have a certain expected degree of privacy. This could be a violation of your rights unless you gave them permission to look or unless it was explicitly written in the usage policy for you workplace.

I would leave ASAP if there is a resonable offer on the table.

1. Get your mind straight
2. Get your family straight
3. Get your job straight
4. B HAPPY!

lsud00d

Cyberscum wrote: »

I do believe that although you utilize a companies resources, you have a certain expected degree of privacy. This could be a violation of your rights unless you gave them permission to look or unless it was explicitly written in the usage policy for you workplace.

I'm not a legal expert but I don't think you have any expectation of privacy while using company resources, including company email. Personally I would never communicate anything via email, chat, or text that I would not want anyone at the company reading. This is what personal email (etc) is for.


I think we all understand how these things are logged (web/mail/proxy filters, access logs, messaging logs, etc) and it's naive to operate like you're safe/immune from these effects somehow.


OP, glad to hear you're getting out of that environment and moving on to something better. Take this as a lesson...corporate big brother is always watching!

Cyberscum

Alot depends on the location CONUS, OCONUS and the reason for looking. It is impossible to make a determination without all of the facts. Here is some general guidance.


The Regulation of Investigatory Powers Act 2000 prohibits intentional "interception" of emails without "lawful authority". As a general rule, this means employers cannot read an email without the consent of both the sender and recipient.
The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 lists a number of exceptions to this general rule, however, which include intercepting business emails to:

• ascertain regulatory compliance;
• detect unauthorised use; and
• prevent/detect criminal activity.

Note, however, these exceptions do not apply to personal emails, which means your employer should take all reasonable measures to avoid opening them -- even those sent from a workplace email account.
Your employer should confine itself to looking solely at the address/heading of your business emails unless it is absolutely essential for a valid and defined reason to examine the content (e.g., to prevent a crime). Moreover, to minimise intrusion, employers should as far as practicable utilise automated systems to monitor email.

Asif Dasl

Glad to hear everything worked out for you Chev!