Fired from job on first week because employer thought I was taking drugs and drinking at work

alanking123445

hi I recently got fired from my job last week on my first week there. They never drug tested me or alcohol tested me the manager offered me two weeks wage and then told me to leave is this unfair dismissal

so I arrived to work last Friday , and the manager called me into the staff canteen with nobody present. She said she had to let me go because of hearing from other staff I was drinking and taking drugs at work which I wasn’t. They never drug tested me or alcohol tested me either . I only started that job that week. She did give me two weeks wages up front on the day she told me to go home. Is this an unfair dismissal case ? Even though I was only on my first week.

Big Bag of Chips

Two threads merged and posted in the appropriate forum.

sidcon

No, he has given you notice by paying you off and you have very little rights in your first year.

He could have just said its not working out and let you go.

alanking123445

thank you

bucketybuck

They could have just said they didn't think it was going to work and let you go with no reason given, never mind a few weeks wages.

You aren't there long enough to have standing to bring a case for unfair dismissal.

You have to move on regardless, but while doing so its probably best to contemplate why they moved you on, rather than trying to reverse it.

Might not be unfair dismissal as you need to be in employment for an amount of time for it become effective. It may be defamation however, as long as you can prove it's not true.

alanking123445

thank you everyone I understand now . But I have total proof I was under no influence of any substance the manager only heard from other staff that I looked like I was on something or drinking something I prescribed Valium by my doctor so that could be reason too

Pauliedragon

Are you on any medication? I am on daily tablets and sometimes they make me a little drowsey which makes some people think I'm a bit under the weather due to a big night out on the booze.

alanking123445

yes I am on diazepam and mirtazepine

tohaltuwi

If you were indeed not taking either any drink or drugs that affected you during work time, I’d be very concerned why they thought you were as this bears in your reputation.

Taking you at your word, I advise a prompt health check, as, for example, somebody with undiagnosed type 1 diabetes can have ketones on their breath, which can smell very like alcohol, and what’s more a person so affected can appear drunk. I have heard this happen before, believe me. I would prioritise your health if you are appearing to be impaired and you know you have taken nothing any time close to work, secondarily if you are discovered to have any issue at all I would come back to the company to clear that aspect up for the sake of your reputation and mental well-being.

jackboy

https://www.boards.ie/discussion/comment/122280291#Comment_122280291

Did someone see you taking these at work? Depending on what your job involves taking these could be a problem.

alanking123445

no I only take them in the staff room when I’m supposed to take them

alanking123445

thank you for this.

mom currently prescribed diazepam but they don’t make me dizzy or drowsy because I’m on them such a long time.

I might just call into them and clarify I am on subscription drugs.

Ash.J.Williams

https://www.boards.ie/discussion/comment/122280291#Comment_122280291

There ya go

SteM

https://www.boards.ie/discussion/comment/122280338#Comment_122280338

I wouldn't bother at this stage, you should have told them at the time. Just take the payment and move on, plenty of other jobs out there.

jackboy

https://www.boards.ie/discussion/comment/122280335#Comment_122280335

Is there a camera in the staff room. Were you alone. Chances are just one person reported you.

JP Liz V1

Were you on trial with a contract?

JVince

https://www.boards.ie/discussion/comment/122280338#Comment_122280338

It "Prescription Medication" - avoid using the word "drugs" as it has negative connotation in Ireland.

The medication you are on can cause dizziness - it probably the main side affect. You probably don't notice it as you are fully accustomed to the affect. Similarly people close to you are unlikely to notice it as it has been "normalised". However a new group of people who have a different ideal of what is the "norm" with an employee will notice even a small amount of dizziness.

An example I see is where I employ a person with mild down's syndrome. He has worked with us for over 5 years. He is simply a member of the team, has his tasks and is simply seen as a staff member. We don't see the disability because its been normalised. But when we take on new staff, they see it quite expressively for a few weeks until they get used to it and it fades into normality.

So forget about that job, maybe do let the employer know that you are on long term medication and other staff may have noticed side affects that you no longer see. Then in the next job, after they confirm the position, let them know that you are on long term medication and it can cause a slight dizziness / look of sedation for a short period after you take it.

Pauliedragon

https://www.boards.ie/discussion/comment/122280291#Comment_122280291

Maybe you came across as a bit drowsy so but the company can't let you go for that reason. You were on the probation period so realistically they can. Its unfair but that's the way it is unfortunately. I've been accused of being a bit drunk at work.

Furze99

https://www.boards.ie/discussion/comment/122280291#Comment_122280291

Did you disclose this during a job interview? If not, that would have been very advisable. Or at the least, after being offered the job and before starting. Just a note to say etc….

alanking123445

thank you

alanking123445

cameras in kitchen and everywhere else yes

SupaCat95

Its a catch 22 situation. If you disclosed they would not hire you and if it comes out later then it difficult for both parties. Did you have a medical?

Now of course every HR officer will tell you they are DEI/ESG compliant but at the end of the day, there is a nod and a wink between colleagues and "y'know what we are looking for?".

Donald Trump

https://www.boards.ie/discussion/comment/122280263#Comment_122280263

First up. What the manager said to the OP cannot be defamation.What the other workers said could possibly be, but not the manager (based off the information provided in the OP).

Secondly, even if it were, there would be no onus on the OP to prove that it was not true. Truth can be a defence to a defamation action, but the onus would be on the manager to prove the truth of the statement. It would not be on the OP to disprove it.

https://www.boards.ie/discussion/comment/122281256#Comment_122281256

yep, sharing false information that has a detrimental effect on a person, in this case their job, is defamation and if the OP can demonstrate that the information that was shared was incorrect then he has a legitimate case and yes, obviously his employer has a duty of care to make sure this statement is true.

Jim2007

https://www.boards.ie/discussion/comment/122281280#Comment_122281280

Hmmm defamation is not easy to prove and unless the respondent has sufficient funds a bit pointless as you end up paying the costs. Employers also have a duty of care to provide a safe work environment and if the person who made the report did so honestly and with concern for the working environment, it is not easy to say who would come out on top. And we have no idea of the type of work involved nor the OPs appearance or behaviour at work.

That said, pretty dumb of the manager to even give a reason in those circumstances.

Mrs OBumble

https://www.boards.ie/discussion/comment/122281280#Comment_122281280

In what way was it false? The OP has told us that they were taking (prescription) drugs in the workplace.

XsApollo

Well OP you were taking “drugs” at work.
Did you disclose to your employer that you were taking those prescription drugs?

They aren’t like taking a pain killer :-D

They would certainly have an effect on how you would be perceived I think, and seeing as you are only new to the job and the people there, they might have put 2 and 2 together and came up with 5.

Depending on what the job is you should maybe have disclosed you were taking them.

Donald Trump

https://www.boards.ie/discussion/comment/122281280#Comment_122281280

You are adding in, or imagining, certain facts here and I would advise the OP not to take your advice too literally. They can see my post from above.

NeutralHandle

Unless they are operating heavy machinery or something else that they should not be doing anyway, then I don't see why they should need to disclose personal info like that. However when this misunderstanding occurred it might have been best to.

If you need the job then telling them that it was prescription medication and asking them to reconsider might be worthwhile. If you can do without the job then informing them that it was prescription medication is probably a good idea anyway in order to protect your reputation.

I wouldn't get into anything about wrongful dismissal or defamation. It just sounds like a misunderstanding, not like they are unfair. People taking valium on prescription can slur their speech and be disinhibited, which could reasonably be mistaken for drunkenness.

Peregrinus

https://www.boards.ie/discussion/comment/122281280#Comment_122281280

Nothing that was said to the OP can be defamatory of the OP. To sue someone successfully for defamation the OP has to show that whoever he is suing said something damaging to the OP to a third party. What the OP's manager said to the OP in a meeting between the manager and the OP cannot be defamatory.

Arguably, those who told the manager that the OP was using drugs could be sued for what they said to the manager. But to sue them the OP would first of all have to know who they are — presumably the OP has more than one workmate; is he in a position to prove which individual spoke to the manager? — and secondly the OP would have to be in a position to prove exactly what they said — conceivably, they said things about the OP taking pills and/or appearing dizzy or distracted that were in fact true, and it's the manager who put two and two together to make five.

And, even if the OP can prove who spoke to the manager and can prove that what they said was untrue, they may have other defences — in this context, the defence of qualified privilege, if they honestly believed that what they said to the manager wa true, even if it was not.

So, honestly, I don't see much milage here in a defamation action. There's a reason why employment disputes are rarely addressed through defamation proceedings.

witchgirl26

OP if you were working in an environment where taking even prescription medication could potentially hinder your ability to do you job in a safe manner, you should have probably disclosed that to them at either the interview stage, offer stage or once you started to your manager. They then would have been aware and able to deal with it in a better manner.

In regards people saying about defamation claims - if they other workers brought concerns to the manager, these would be protected under whistleblowing legislation from retaliation. You would have to prove the claims were brought maliciously in order to get the person fired, which is very difficult to do, rather than concerned co-workers. And they don't have to have been concerned about the OP, they can legitimally be concerned about themselves depending on the operating environment of the workplace. If you worked in a warehouse & saw someone who seemed to you to be dizzy or out of it working with you, you'd say something to the boss.

https://www.boards.ie/discussion/comment/122281698#Comment_122281698

In response to all the other posts. I never suggested what was said was false, don't know how that was surmised but obviously it's not defamation if it's true.

I didn't imply that the third party (employer) was responsible but if they acted on false information then they are neglent in their duty of care.

From what I read the op said he was fired based on the information that was supplied suggesting he was drinking and or taking drugs in work. I understand the employer has an obligation to ensure a safe and healthy work space for all employees but they also have a duty of care to ensure that information is correct.

The op has every right to pursue

A. an apology

or

B. An amendment

or

C.Compensation with respect to loss of earnings.

I would suggest speaking to free legal aid via your local citizens info center, if for no other reason then to make sure that you have your reputation going forward and that your employment prospects not to mention your self esteem and confidence remain intact. A simple conversation with your employer may be all that is required and an acknowlegment of the situation might be helpful for all involved. Best of Luck op.

Glaceon

From my personal experience with Mirtazapine, it's supposed to be taken at night as it's a sedative. I'd imagine that taking it during the day would have rendered me incapable of work, it definitely knocked me out.

It's not defamation. Forget about that last job OP. Onwards.

Ted222

https://www.boards.ie/discussion/comment/122281557#Comment_122281557

OP. This sums up your situation perfectly.

Your employer shouldn’t have done what they did and if you really wanted, you could make a complaint of discrimination to the WRC.

But unless you’re particularly dependent on that job or unless you feel genuinely hurt, the above advice is probably more prudent. Square it with the former employer and move on.

spaceHopper

I would see a good employment solicitor,
This is a small counrty and word gets out so you want to nip this in the bud before it grows legs.
You have a right to privicy and probalby aren't required to disclose that you take medication for depression but it would have been a good idea to inform the manager when they fired you.
I don't know if you have a case, a solicitor will tell you that but to me it sounds like they didn't follow any due process and you have a right to a fair process so they could be very exposed there. I don't think you will get your job back but you might get an apology and compensation. Push for 3 to 6 months wages + costs and they'll likely buckle under pressure - that is only of your solicitor thinks there is a case to answer. Something in writing to that they accept you weren't abusing drugs at work too. Did you do a medical and disclose the medication then? There could also be an element of discrimination due to your anxiety/depression

chrisd2019

https://www.boards.ie/discussion/2058356566/fired-from-job-on-first-week-because-employer-thought-i-was-taking-drugs-and-drinking-at-work

What was your role and duties and the type of work environment.

When questioned you should have mentioned the prescription medication.