I might get fired for Gross Misconduct and I'm scared what will happen

JReacher1

Adamthom85 said:

Just got a call from HR, they have invited me a meeting tomorrow to discuss an allegation about a comment I made that could bring the company into disrepute by being identified (through the complaint) and the person took offence.

I don't know how to play this as it's being held on Microsoft teams and they have said all the cameras will be off so it's just talking and a commercial manager will be asking me some questions.

I don't know what route to take, do I ask if they evidence first? If they do, I just have to explain my best...  

I wouldn't go down the evidence route as that will get their backs up and make this a hostile discussion.  I also would not be surprised if the person who complained sent a screenshot to them (this person who complained seems like a terrible person).

This is still just an informal chat where they will decide whether it warrants further investigation with a potential of disciplinary actions.  
To me the best approach would be to explain exactly what happened and apologise for any offense you have given.  You got into an online discussion on facebook with someone who took offence at one of your comments.  I would emphasise that there is no link between your facebook profile and your current employer and what has happened is that someone has used your name, and via google/linkedin identified which company you worked for and as a result has made a complaint to your employer.

TBagpuss

Adamthom85 said:

Just got a call from HR, they have invited me a meeting tomorrow to discuss an allegation about a comment I made that could bring the company into disrepute by being identified (through the complaint) and the person took offence.

I don't know how to play this as it's being held on Microsoft teams and they have said all the cameras will be off so it's just talking and a commercial manager will be asking me some questions.

I don't know what route to take, do I ask if they evidence first? If they do, I just have to explain my best...  

I wouldn't frame it as asking what  evidence they have, that comes across as very defensive. I would ask them if they can explain what specifically your were alleged to have said, as you didn't have any intention of being racist and if you have made comments which came over that way you regret it and would like to avoid it in future.

That way, they still need to tell you what has been alleged, but it doesn't sound as though you were spouting all sorts of horrible stuff and just don't know if they can prove it (or which specific outburst they know about!). 
Once they have identified what it was, be honest,If what they tell you sounds correct, then say so. accept that you did say that, reiterate that you did not intend to be racist and were provoked by what had been said to you, but that you now accept that that it wasn't appropriate and shouldn't have been said (assuming that's the case) and that you deleted it as soon as it was raised as problematic.

If what they claim was said is not accurate then say so, and (so far as you can remember, if you didn't screenshot it before you deleted it) tell them what you did actually say.

I think the key is to acknowledge if you said /did something stupid or inappropriate - this lets them see that you are taking their concerns seriously and that you are honest about your mistakes. If they are looking for a reason to dismiss you or discipline you they can do so - they don't need to be able to prove what you did to a court standard, they just have to follow a fiar process and come to a decision which is not so unreasonable that no reasonable employer could have decided that way,.
BUT if they haven't made up their minds to that, what they will want is to be able to feel reasonably confident that you are not going to embarrass them in this way again -  and that you can understand why what you said was a problem and will not do it again. Accepting that you were wrong to react as you did, apologizing and giving them assurances that you will think before you post in future should all help. Possibly consider saying that you have changed your settings to 'private' and are stepping away from social media for the present may be sensible things to consider, as they would show that, without waiting to be told you are already taking steps to make sure that you don't create a similar situation in future. 

MoneySeeker1

Ditzy_Mitzy said:

theoretica said:

One potential scenario is your employer got a complaint - they don't want to end up slated as an employer who did nothing when they got a complaint about a staff member - so they have to do something so then can send back some bland reply about 'taking appropriate action'.  If this is the case they are probably irritated at all involved for putting them in this situation and they probably don't want to dismiss you or anything, just for you to be very careful they are never bothered again by such nuisances.

Probably - I had a spurious complaint of racism made against me once and my employer went through similar steps as the complainant refused to go away when told to.

Let's face it there are "complainants to employers" that will pull any stunt on what to complain about.

I've even had a complainant complain to an employer I had about a private relationship I was having in my private life (with someone that didn't even work in the place). My mind is still boggling at the ludicrous nature of doing something like that.

Upshot my employer told me about this "nothing remotely whatsoever to do with work" complaint and I pretty much guessed who the "little darling" was behind it. Obviously, nothing was done by my employer - because there wasn't the remotest chance anything would be done about a private life issue in a country like Britain.

Undervalued

MoneySeeker1 said:

Adamthom85 said:

Thanks, I'll let you know how my "chat" goes tomorrow. It does seem strange though that they called me on Friday and were a bit vague saying "someone has made an allegation you posted a comment on linkedin which could be deemed racist" which is why I was initially puzzled as I don't use linkedin, I then suggested it may be a Facebook comment to which say said "can you just delete any of the posts" and seemed fairly normal, then just said thank you and "well have another chat on monday"

I can't tell if they have a screenshot, it would explain then being a bit vague about the comment and not immediately doing the investigatory interview right there and then if they had evidence.

Guess I won't know until the chat tomorrow.

........Employers are well in the wrong to go spying on employees personal lives like that - but it's something they seem to have been doing for the last few years - wrong as it is and they seem to have got away with it so far without anyone particularly "calling them" on it. Someone will "clock their employer one big time" at some point for spying on them like that - and hopefully there will be a law to stop them doing that sort of thing. I think it best if it isn't you that does that.

Say as little as you possibly can. Volunteer no further information..........

Sorry but this is complete and utter nonsense and very bad advice to offer!

Anything an employee does, if he is identified as working for a particular company, reflects on the company's image. If someone finds that behaviour offensive they are obviously less likely to become a client / customer of that company. That costs the company money.

It doesn't matter in the slightest if the employee is off duty or even if they posted on a supposedly closed group. Someone may see it and circulate it more widely than was intended but ultimately, had it not been posted in the first place, that couldn't have happened.

As I said some pages back I would strongly advise the OP to apologise profusely, draw attention to their good points and promise not to do it again. Don't split hairs and don't "take the fifth". This is not a court of law and an employer only needs a reasonable belief that misconduct took place. They don't need proof!

ScottishGuy1122

TBagpuss said:

Adamthom85 said:

Just got a call from HR, they have invited me a meeting tomorrow to discuss an allegation about a comment I made that could bring the company into disrepute by being identified (through the complaint) and the person took offence.

I don't know how to play this as it's being held on Microsoft teams and they have said all the cameras will be off so it's just talking and a commercial manager will be asking me some questions.

I don't know what route to take, do I ask if they evidence first? If they do, I just have to explain my best...  

I wouldn't frame it as asking what  evidence they have, that comes across as very defensive. I would ask them if they can explain what specifically your were alleged to have said, as you didn't have any intention of being racist and if you have made comments which came over that way you regret it and would like to avoid it in future.

That way, they still need to tell you what has been alleged, but it doesn't sound as though you were spouting all sorts of horrible stuff and just don't know if they can prove it (or which specific outburst they know about!). 
Once they have identified what it was, be honest,If what they tell you sounds correct, then say so. accept that you did say that, reiterate that you did not intend to be racist and were provoked by what had been said to you, but that you now accept that that it wasn't appropriate and shouldn't have been said (assuming that's the case) and that you deleted it as soon as it was raised as problematic.

If what they claim was said is not accurate then say so, and (so far as you can remember, if you didn't screenshot it before you deleted it) tell them what you did actually say.

I think the key is to acknowledge if you said /did something stupid or inappropriate - this lets them see that you are taking their concerns seriously and that you are honest about your mistakes. If they are looking for a reason to dismiss you or discipline you they can do so - they don't need to be able to prove what you did to a court standard, they just have to follow a fiar process and come to a decision which is not so unreasonable that no reasonable employer could have decided that way,.
BUT if they haven't made up their minds to that, what they will want is to be able to feel reasonably confident that you are not going to embarrass them in this way again -  and that you can understand why what you said was a problem and will not do it again. Accepting that you were wrong to react as you did, apologizing and giving them assurances that you will think before you post in future should all help. Possibly consider saying that you have changed your settings to 'private' and are stepping away from social media for the present may be sensible things to consider, as they would show that, without waiting to be told you are already taking steps to make sure that you don't create a similar situation in future. 

Definitely, they seemed to have stopped talking about racism and on the letter they emailed they "discussions will centre around the following allegation : 1. That you have brought the company into disrepute as someone who could identify you as working for X was offended and made a complaint regarding a comment you posted on social media.

I don't know if this is more that they got the complaint, have to act on it and follow the process but maybe don't have it and it's just the allegation.

Obviously I will fess up, honesty is the best policy and if I explain it well enough and mention that I have been stressed and made a very poor error in judgement and would never do anything to cause these problems to my company.

But yes I will ask politely if they could specifically tell me what I said that may have cause the complaint as I would never intentionally try to be abusive or derogatory.

MoneySeeker1

Adamthom85 said:

Just got a call from HR, they have invited me a meeting tomorrow to discuss an allegation about a comment I made that could bring the company into disrepute by being identified (through the complaint) and the person took offence.

I don't know how to play this as it's being held on Microsoft teams and they have said all the cameras will be off so it's just talking and a commercial manager will be asking me some questions.

I don't know what route to take, do I ask if they evidence first? If they do, I just have to explain my best...  

Adamthom85 said:

Just got a call from HR, they have invited me a meeting tomorrow to discuss an allegation about a comment I made that could bring the company into disrepute by being identified (through the complaint) and the person took offence.

I don't know how to play this as it's being held on Microsoft teams and they have said all the cameras will be off so it's just talking and a commercial manager will be asking me some questions.

I don't know what route to take, do I ask if they evidence first? If they do, I just have to explain my best...  

Are you taking a union rep with you - virtually speaking that is?

Undervalued

MoneySeeker1 said:

Adamthom85 said:

Just got a call from HR, they have invited me a meeting tomorrow to discuss an allegation about a comment I made that could bring the company into disrepute by being identified (through the complaint) and the person took offence.

I don't know how to play this as it's being held on Microsoft teams and they have said all the cameras will be off so it's just talking and a commercial manager will be asking me some questions.

I don't know what route to take, do I ask if they evidence first? If they do, I just have to explain my best...  

Adamthom85 said:

Just got a call from HR, they have invited me a meeting tomorrow to discuss an allegation about a comment I made that could bring the company into disrepute by being identified (through the complaint) and the person took offence.

I don't know how to play this as it's being held on Microsoft teams and they have said all the cameras will be off so it's just talking and a commercial manager will be asking me some questions.

I don't know what route to take, do I ask if they evidence first? If they do, I just have to explain my best...  

Are you taking a union rep with you - virtually speaking that is?

There is no right to be accompanied by a union rep (or other employee) at an investigation. That only applies at a disciplinary (or grievance) hearing.

ScottishGuy1122

MoneySeeker1 said:

Adamthom85 said:

Just got a call from HR, they have invited me a meeting tomorrow to discuss an allegation about a comment I made that could bring the company into disrepute by being identified (through the complaint) and the person took offence.

I don't know how to play this as it's being held on Microsoft teams and they have said all the cameras will be off so it's just talking and a commercial manager will be asking me some questions.

I don't know what route to take, do I ask if they evidence first? If they do, I just have to explain my best...  

Adamthom85 said:

Just got a call from HR, they have invited me a meeting tomorrow to discuss an allegation about a comment I made that could bring the company into disrepute by being identified (through the complaint) and the person took offence.

I don't know how to play this as it's being held on Microsoft teams and they have said all the cameras will be off so it's just talking and a commercial manager will be asking me some questions.

I don't know what route to take, do I ask if they evidence first? If they do, I just have to explain my best...  

Are you taking a union rep with you - virtually speaking that is?

Bit in a union, it's ok, I'll ask in a polite way if they can elaborate on what was said that might have caused offence as that's something I would never intend and basically grovel....it's be hard to fire me if they don't have any evidence just an allegation 

tizerbelle

MoneySeeker1 said:

Adamthom85 said:

Just got a call from HR, they have invited me a meeting tomorrow to discuss an allegation about a comment I made that could bring the company into disrepute by being identified (through the complaint) and the person took offence.

I don't know how to play this as it's being held on Microsoft teams and they have said all the cameras will be off so it's just talking and a commercial manager will be asking me some questions.

I don't know what route to take, do I ask if they evidence first? If they do, I just have to explain my best...  

Adamthom85 said:

Just got a call from HR, they have invited me a meeting tomorrow to discuss an allegation about a comment I made that could bring the company into disrepute by being identified (through the complaint) and the person took offence.

I don't know how to play this as it's being held on Microsoft teams and they have said all the cameras will be off so it's just talking and a commercial manager will be asking me some questions.

I don't know what route to take, do I ask if they evidence first? If they do, I just have to explain my best...  

Are you taking a union rep with you - virtually speaking that is?

Its an investigatory meeting, no right to be accompanied.

Mickey666

What if the OP claimed to have been p****d out of this mind at the time, doesn't remember posting anything and was subsequently shocked to see the post so deleted it immediately?

Or, what if the OP claimed that someone hacked the account or the PC was left unattended?  OP was subsequently shocked to see the post and so deleted it immediately?

Perhaps the complainant was the hacker because of some grievance against the OP?

After all, who really knows what happened