Really Worried that I Will be Dismissed? Any Advice??

HurdyGurdy

LegalSec wrote: »

I work as a secretary for law firm. I have been accused of telling a client to f***off. This did not happen

Can you recall the conversation that the client is referring to? Can you think of what you said that she may have misheard as "eff off"? Or was it your general tone and demeanour that she has interpreted as you "saying it, without actually using the words".

And what had she asked/said to make you be "quite short with her".

Mischa8

LegalSec wrote: »

I work as a secretary for law firm. I have been accused of telling a client to f***off. This did not happen although I wasquite short with her. The client, a woman in her 20s (with more money than sense), has major issueswith the firm and has threatened to take her case elsewhere on numerousoccasions. She has now made thisallegation in writing and has demanded I get immediately dismissed. I have not been suspended but I received aletter on Friday scheduling a disciplinary meeting for Wednesday morning andstating that the offence is gross misconduct for which I can be dismissed. Can they do this?

I am also a legal secretary and though not having clients complain that I swore at them there have been estate agents who complain. Some of these sadly want commission and are impatient. I now let my boss speak to them! Any other clients on the whole I try to be patient and polite to them as my bosses and colleagues are.

I was accused and did actually put the phone down on an extremely difficult female client who threatened me on the phone etc. This client had also been rude to my colleague and bosses etc.

In your circumstance were there any witnesses? Was the call recorded?

In my case this is my 1st legal sec job and believe me the clients we have some are extremely rude. I have to take on board most of our clients are in stressful situations hence I am not short with them etc.

If you're an experienced legal sec and especially as you seem to have had dealings with her in the past then I (and your bosses) would expect more civil behaviour towards the client.

In law firms especially small/medium ones as yours seems to be well they'll most likely dismiss you. Really depends on past record, your relationship/people skills etc.

Mischa8

LegalSec wrote: »

I work as a secretary for law firm. I have been accused of telling a client to f***off. This did not happen although I wasquite short with her. The client, a woman in her 20s (with more money than sense), has major issueswith the firm and has threatened to take her case elsewhere on numerousoccasions. She has now made thisallegation in writing and has demanded I get immediately dismissed. I have not been suspended but I received aletter on Friday scheduling a disciplinary meeting for Wednesday morning andstating that the offence is gross misconduct for which I can be dismissed. Can they do this?

I forgot. In our client care and T&C we have a clause relating to a separate Complaints Manager and Complaints Procedure.

Now your company may or may not follow that policy even if it has one re this client especially if she's a valued client. But may be worth you looking into this.

LegalSec

Thanks for all your responses.
What I really need to know now is should I resign and if Iresign can they still sack me? It will be much harder getting another job if I am dismissed than it is recorded that I resigned.

To answer your questions.

1. I was ‘short’ with this client because she had telephoned3 times that afternoon complaining that some documents had not gone out toher. My boss was out so there wasnothing I could do expect promise that my boss telephoned her in themorning. She would not accept this andafter 10 minutes saying the same thing I just told her (forcefully) it was pointlesscarrying on this conversation. I did nottell her to F*** Off.


2. I was in a heated verbal argument with one ofthe trainee Solicitors last winter which resulted in me receiving a verbalwarning which expired in June. Eventhough this has expired, can they still use this in their decision making?
Is it likely or usual that the client will attend mydisciplinary hearing?

thorsoak

They may well use your previous HISTORY to decide on the balance of probabilities that you did tell the client to F-off and discipline you

LegalSec

thorsoak wrote: »

They may well use your previous HISTORY to decide on the balance of probabilities that you did tell the client to F-off and discipline you

Discipline or Dismiss??

Sambucus_Nigra

If you resign it will be on record that you resigned whilst being investigated for gross misconduct. It's your call.

I'd have said though that as they didn't suspend they can't think you are a loose cannon. So if you have to appeal, that's one line/angle to use.

It may not officially go against you that you had a heated argument - but it will have impact. Although again, if you didn't tell them to f*off during an internal heated argument it is one to argue that you didn't tell her to either...

tonyh66

LegalSec wrote: »

Thanks for all your responses.
What I really need to know now is should I resign and if Iresign can they still sack me? It will be much harder getting another job if I am dismissed than it is recorded that I resigned.

To answer your questions.

1. I was ‘short’ with this client because she had telephoned3 times that afternoon complaining that some documents had not gone out toher. My boss was out so there wasnothing I could do expect promise that my boss telephoned her in themorning. She would not accept this andafter 10 minutes saying the same thing I just told her (forcefully) it was pointlesscarrying on this conversation. I did nottell her to F*** Off.


2. I was in a heated verbal argument with one ofthe trainee Solicitors last winter which resulted in me receiving a verbalwarning which expired in June. Eventhough this has expired, can they still use this in their decision making?
Is it likely or usual that the client will attend mydisciplinary hearing?

what the hell do you want to resign for, fight it. They can't prove you did or did not, if they sack you sue for unfair dismissal.

Uncertain

tonyh66 wrote: »

what the hell do you want to resign for, fight it. They can't prove you did or did not, if they sack you sue for unfair dismissal.

Whilst I agree the OP should not resign, as stated earlier they do not need to PROVE anything to dismiss fairly in law, only hold a reasonable belief.

OP, there is nothing to be gained from resigning unless it is in exchange for a guarantee of a good reference. There is virtually no difference from "resigned whilst under investigation" and "dismissed".

If they want you gone but feel they do not have a safe enough case to dismiss fairly they may offer (or you could suggest) a compromise agreement. You would sign away all claims against them in exchange for (usually) a sum of money and an agreed reference. You have to receive independent legal advice for such an agreement to be valid and it is customary for the employer to pay for this.

Uncertain

LegalSec wrote: »

I was in a heated verbal argument with one ofthe trainee Solicitors last winter which resulted in me receiving a verbalwarning which expired in June. Eventhough this has expired, can they still use this in their decision making?

Not officially but you will have no means of knowing if they did or not.

LegalSec wrote: »

Is it likely or usual that the client will attend mydisciplinary hearing?

No.