Fear that I might have been fired from work due to reporting pain in leg

AngryHippie · 27-08-2019 02:24AM

STB. wrote: »

Up to 2 years remuneration can be awarded for constructive dismissal.

Not during a probation period

AngryHippie · 27-08-2019 02:28AM

All the legal talk aside....

Was the pain from an actual injury, or just from exertion ?

The Bishop Basher · 27-08-2019 06:08AM

Ignore the shop stewards on here OP. They are giving you terrible advice.

As has been mentioned a few times, if you want to get on in any career, sometimes you’re just going to have to suck **** up and get on with it even when it’s not in your job description and especially when just starting out.

Chalk this one up to experience and learn from it OP and don’t go chasing ghosts at the WRC.

Put that time and energy into finding your next job.

Lux23 · 27-08-2019 09:13AM

jackboy wrote: »

And how will it work out for the op. Maybe he will get a small payout. Then his career will be over as who will take on such a troublemaker.

When the last time you saw someone named in one of these cases?

Lux23 · 27-08-2019 09:16AM

He could certainly report the company to the HSA for asking him to carry heavy loads before carrying out any manual lifting training, that's not a claim perse but it might make him feel a bit better after such shabby treatment.

jackboy · 27-08-2019 11:48AM

Lux23 wrote: »

When the last time you saw someone named in one of these cases?

Not named publicly but the different companies share the names of such individuals. This is common practice in the large industries.

JustAThought · 27-08-2019 12:15PM

They are using the laws - but against you OP. You advised them you had pain, they told.you.to.take.the week.off- you said you'd take a day. Until.you are there 366 days or are lucky enough to be pregnant,gay,coloured or an itinerant you have no rights. They have officilly restructured the job -and we all know that is the way to.get.rid of people. You will have no.legal.comeback and I.doubt very much that if you reapply yhat you will.get.the job that involves science and manual labour. Move on and dont make.the same.mistake twice

Sorry to.hear about your jobloss.

If however you had a lasting provable injury you could have a work related injury claim but you dont want to start your career of hanging over microscopes and test tubes on desks with a history of back pain on your file - you will never work again, it wil he on.your record and every employer will run a.mile.from hiring you.

Chalk it down to bad luck and dont get caught agreeing to manual labour roles again. You live & learn. They would.probably be idiots to work for in the long run -best off putting a line under.it and moving again -unless it was a civil service job.

I would.not be signing anything on departure to.sign your rights away for a few paltry thousand or for goodwill and I would be asking in writing for.their copy of the incident report form regarding your injury that ypu reported on x date for your records. Might put manners on them and put a bit of frightner in them
The job is gone - they dont want you. Its pretty poor performance on their part but dont pick a fight with ypur employer - they will always win, not because they are right bit because yhey dont want the hassle and they have the power.

Problem Of Motivation · 31-08-2019 06:41PM

jackboy wrote: »

Don’t do it. You are starting off in your career. You don’t want your name blackmarked in the industry.

That makes no sense if you think about it. Explain it to me.

jackboy wrote: »

Doesn’t matter. Companies talk to each other about these matters. He should not escalate this situation.

And if the OP were well known within the industry it might even be worth mentioning his name in telling the tale. Bu in his case they'll just say:

"We hired this fella as a scientist a number of years back, but then put him doing yard work and had a bet to see how long he'd last!"

jackboy · 31-08-2019 06:54PM

Problem Of Motivation wrote: »

That makes no sense if you think about it. Explain it to me.

And if the OP were well known within the industry it might even be worth mentioning his name in telling the tale. Bu in his case they'll just say:

"We hired this fella as a scientist a number of years back, but then put him doing yard work and had a bet to see how long he'd last!"

I’m not sure if you have read the full thread. I was discouraging the op from taking further action against the company. If he just moves on and focuses on getting the next job then there should be no long term issues. If he takes things further he is risking his career in that industry. I’m not sure why you would find that surprising.

Problem Of Motivation · 31-08-2019 08:03PM

jackboy wrote: »

I’m not sure if you have read the full thread. I was discouraging the op from taking further action against the company.

Oh well I get that much! Please don't talk down to me.

jackboy wrote: »

If he takes things further he is risking his career in that industry. I’m not sure why you would find that surprising.

Well what's surprising is that you're saying it for the second (if not third) time now. I was making the point that the OP is a nobody. Therefore it's not possible to black list him. How could he risk his career? Explain it to me!

I don't know what you do, but perhaps at this stage of your careers you are 'a somebody', and therefore you would want to be careful if you were about to make a scene.

Example of people gossiping about "a nobody":

"We hired this fella as a scientist a number of years back, but then put him doing yard work and had a bet to see how long he'd last!"

Example of people gossiping about "a somebody":

"We hired Jim Woulfe as a scientist a number of years back, but then put him doing yard work and had a bet to see how long he'd last! He snapped"

Likely response in this case: "I know that guy, I'll be sure not to hire him anyway"

31-08-2019 08:14PM

Problem Of Motivation wrote: »

Oh well I get that much! Please don't talk down to me.

............ I was making the point that the OP is a nobody. Therefore it's not possible to black list him. How could he risk his career? Explain it to me!
"[/I]

Interesting post.

beauf · 31-08-2019 08:19PM

Calltocall wrote: »

I don’t want to mock the guy but life can throw a hell of a lot harder stuff at you than lifting pallets, there is a certain element of putting your shoulder to the wheel when starting out in a new job, fair enough if it turns out to be months where he’s still lifting pallets that’s different but a week in! I think the OP will learn a more valuable lesson by accepting that and not going after his employers for letting him go. Take it as a life lesson.

If someone is not used to manual labor they are very likely to injure themselves doing it unless they ease themselves into it, and someone mentors them on how to do it properly.

It makes no business sense to hire some one skilled to do unskilled work. Then for that role to vanish suggests it's poorly managed.

Hiring someone in any job that won't last any time in it is a waste of everyone's time.

Game of Thrones Fan · 31-08-2019 08:29PM

knockers84 wrote: »

True, blacken your name and get a couple of grand if you do win or not blacken your name and get another job in your local area...

It is not my local area. I relocated about 100 miles for this job.

Game of Thrones Fan · 31-08-2019 08:30PM

jackboy wrote: »

The company will be fine.

But she mightn't!

jackboy · 31-08-2019 08:34PM

Problem Of Motivation wrote: »

Oh well I get that much! Please don't talk down to me.
Well what's surprising is that you're saying it for the second (if not third) time now. I was making the point that the OP is a nobody. Therefore it's not possible to black list him. How could he risk his career? Explain it to me!

I don't know what you do, but perhaps at this stage of your careers you are 'a somebody', and therefore you would want to be careful if you were about to make a scene.

Example of people gossiping about "a nobody":

"We hired this fella as a scientist a number of years back, but then put him doing yard work and had a bet to see how long he'd last!"

Example of people gossiping about "a somebody":

"We hired Jim Woulfe as a scientist a number of years back, but then put him doing yard work and had a bet to see how long he'd last! He snapped"

Likely response in this case: "I know that guy, I'll be sure not to hire him anyway"

It’s already been well described and discussed in the thread. I have given the op my advice. If you have different advice for the op then work away.

Problem Of Motivation · 31-08-2019 09:02PM

jackboy wrote: »

It’s already been well described and discussed in the thread. I have given the op my advice.

Incorrect. There have been a few comments in agreement with you, but no one has properly explained how a name gets black listed.

jackboy · 31-08-2019 09:11PM

Problem Of Motivation wrote: »

Incorrect. There have been a few comments in agreement with you, but no one has properly explained how a name gets black listed.

Ireland is small. Companies within the same industry are few. Companies within the same industries have lines of contact with each other where they share information on a variety of topics.

dubrov · 31-08-2019 09:16PM

jackboy wrote:

Ireland is small. Companies within the same industry are few. Companies within the same industries have lines of contact with each other where they share information on a variety of topics.

Jackboy, I think you are using your own industry and extrapolating it out to all industries. Plenty of industries in Ireland have too many players to set up the cosy cartels you are taking about.

Either way the OP is best placed to determine the impact of taking legal action, if it is even an option.

jackboy · 31-08-2019 09:20PM

dubrov wrote: »

Jackboy, I think you are using your own industry and extrapolating it out to all industries. Plenty of industries in Ireland have too many players to set up the cosy cartels you are taking about.

Either way the OP is best placed to determine the impact of taking legal action, if it is even an option.

I am talking about the larger industries. Yes, with a lot of the smaller industries things are probably different.

IvoryTower · 31-08-2019 09:21PM

Company sounds a mess, I would move on and pretend that week never happened.

Blacklist me hole.

Glad I could help

knockers84 · 31-08-2019 09:22PM

Problem Of Motivation wrote: »

Incorrect. There have been a few comments in agreement with you, but no one has properly explained how a name gets black listed.

Please don’t tell me your this naive. Have your ever worked in A production factory environment whether be food produce, pharmaceuticals etc. This is the number one industry where every company knows one another and the turn over off staff in this industry is huge.

Op may get it away with it if he’s changing from pharmaceutical to food products or something like that or goes to a tiny company. If he wants to work with any of the major players he’ll be ****ed if he’s currently in one of them and takes a claim

Similarily if I worked with Facebook, took out a claim and left them and tried to work with amazon, google, BT or any of the big players in IT what do you think would happen if I went for a job with them?

beauf · 31-08-2019 10:45PM

knockers84 wrote: »

....Similarily if I worked with Facebook, took out a claim and left them and tried to work with amazon, google, BT or any of the big players in IT what do you think would happen if I went for a job with them?...

Based on previous experience they torture you with inept HR dept through rounds of meaningless rounds of interviews until you get through that filter to someone who knows what they are doing.

Game of Thrones Fan · 31-08-2019 10:45PM

During the week I realised that I didn't get my dismissal in writing. She could easily have told the others in the company that I just didn't bother showing up. I would have liked to record it when I got fired. I'm pretty sure she recorded me. I emailed her asking for written notification of my dismissal, and that it should be normal practice. In this email I also wrote about how I believed that given my circumstances (due to me having to relocate, and given that the start date had already been deferred twice), that the company had a moral obligation to pay me for more than 1.5 days notice.

She emailed back two days later (yesterday) to say that, in relation to the my role that it had been necessary to defer it due to "business requirements that will involve changes to the job spec, including the addition of manual labor activities." In this email she said that she will send a cheque to my home address to alleviate any expenses.

So the question is who will the cheque be from? Will it be from the company, or will it be from her. I hope it's not going to be a bank draft so that I will who's paying for it. I wouldn't like to think that paying it herself in order to cover up the mess she made. I'd have a good mind to mail it right back. There's no point in me accepting the cheque if I'm going to get a solicitor involved.

There are a few other things. I am suspicious of whether or not she ever approved the position before I was hired. There was never any job spec for the original position! Also, the week before I started this boss texted me asking if I could start on the Tuesday instead. The contract stated that I should have started on Monday of that week. I obliged without it being clarified whether or not I'd even be getting paid for the Monday. I didn't get paid for the Monday. It's not a big deal, but it was sloppy of her.

In the last week I met with the site H&S guy and we filled out an incident report form which I signed. I later texted him to email it to me but he didn't!

Strumms · 31-08-2019 10:47PM

peasant wrote: »

As long as they are paying you as a scientist and there is an end of your yard work in sight ...just get on with it.

Unsat, the OP presented themselves for interview for a specific position that they were interested in and as the best candidate the company successfully hired them. Now the company being completely disingenuous have invited them to start work and when they did have found themselves assigned work and delegated tasks completely unrelated to the job which they applied for and agreed to do..

Alarm bells should be ringing... what the company should have done...

1) explained that they were not ready to start the employee in the agreed role
2) explain why this was the case
3) give an approximate date as to when the employee could start in the job which they had been successful in applying for
4) offer the employee the choice of waiting for the role they applied for to become available or ASK if in the interim they would be prepared to start in this current role for a couple of weeks which would help them learn about the company, the different departments a familiarization if you like.

That’s respectful, responsible and appropriate in the circumstances.

Fol20 · 31-08-2019 11:05PM

OP, just move on and find a job. Personally your inexperience in work here has cost you your job.

You are new to the job and you started complaining. If you were in high demand and you could move quickly to another job, then that’s a different story. Instead you gave off the wrong impression from the get go and I would have dropped you in a heartbeat.

You have been out of work with several gaps on your cv. If I was in your situation, I would have been very grateful that I got a job in my chosen field and just got on with it until the lab is finished.

It sounds like your still young so this is the best time to make mistakes. Learn from them and just keep looking for your next role. When you do get your next job. Keep the head down, show your work ethic and ability. THEN you can question certain aspects of the role etc.

Strumms · 31-08-2019 11:19PM

Fol20 wrote: »

OP, just move on and find a job. Personally your inexperience in work here has cost you your job.

You are new to the job and you started complaining. If you were in high demand and you could move quickly to another job, then that’s a different story. Instead you gave off the wrong impression from the get go and I would have dropped you in a heartbeat.

You have been out of work with several gaps on your cv. If I was in your situation, I would have been very grateful that I got a job in my chosen field and just got on with it until the lab is finished.

It sounds like your still young so this is the best time to make mistakes. Learn from them and just keep looking for your next role. When you do get your next job. Keep the head down, show your work ethic and ability. THEN you can question certain aspects of the role etc.

100% bad advice... the poster might be inexperienced but now is the time for them to learn and understand their value. They too need to value themselves to the point that they do not allow a company to hoodwink them by not sharing crucial information about their delayed start to the agreed role... the poster has made zero mistakes, they saw a job that they wanted to do, they applied successfully and were ready and presented themselves to start in that role.

The company despite advertising, interviewing and hiring still cannot provide the poster with the job the hired them to do. Unsatisfactory.

Morgans · 31-08-2019 11:48PM

A bit shocked at the heat the OP is taking here.

Yes, some cop on during the first while at a job is good. Needs to learn to be careful in how to present complaints, the personality of the person you are talking to, and the likely consequences.

However, if the company is as the OP describes, then it is shocking practice, and as revealing just how many people on here are willing to put up with what looks like terrible recruiting, supervision, HR, etc as if it is expected by your employer, laying the blame solely on the OP.

All in all, take it as a bullet dodged,as the way that company is set up, you could waste a lot of your time working for a mess. Solicitors, whether you are in the right or wrong, will drain you of energy and funds. I dont think you will have a leg to stand on as you are on probation, but Im no solicitor. Just be thankful that you dodged that bullet. Have faith in your qualifications, be confident in what you can provide a good company, and if you cant get a job immediately, do what you can to improve your chances (interview training, online courses etc). Don't worry about the week's experience on your CV or being blacklisted. The company wont remember your name in 3 weeks time

Strumms · 01-09-2019 12:00AM

Morgans wrote: »

A bit shocked at the heat the OP is taking here

Unfortunately there are a couple of posters who seem to allude that people should be ‘grateful’ for an ‘opportunity’..my thinking is the companies should be grateful of the opportunity to hire the OP... the company should have been truthful and upfront from the get go ie. the point of offering the position as regards the start date of that position..

01-09-2019 12:18AM

knockers84 wrote: »

1) In a job a week.
2) Suing a company for been let go as had to lift a couple of pallets and bitch and moaned about it to my boss.
3) I’d be ashamed of myself. Just get on with and stop been a compo claiming bitch!

Yeah just shut up and do whatever you are ordered to, now remind me who is the little bitch here?

01-09-2019 12:27AM

Strumms wrote: »

Unfortunately there are a couple of posters who seem to allude that people should be ‘grateful’ for an ‘opportunity’..my thinking is the companies should be grateful of the opportunity to hire the OP... the company should have been truthful and upfront from the get go ie. the point of offering the position as regards the start date of that position..

Op said in an earlier post that he/she has always struggled to get work. Maybe there was a reason here to be grateful for the opportunity, time will tell if the op continues to struggle to get another job. Learning ones “value”, taking the moral high road, is easier to do when you have a weekly wage then when you are signing on.

Fear that I might have been fired from work due to reporting pain in leg

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