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

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Comments

  • #32
    witchgirl26
    Registered Users, Registered Users 2 Posts: 2,346 ✭✭✭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.



  • #33
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    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.



  • #34
    Glaceon
    Registered Users, Registered Users 2 Posts: 2,790 ✭✭✭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.



  • #35
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


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



  • #36
    Ted222
    Registered Users, Registered Users 2 Posts: 465 ✭✭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.



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  • #37
    spaceHopper
    Registered Users, Registered Users 2 Posts: 4,154 ✭✭✭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



  • #38
    chrisd2019
    Registered Users, Registered Users 2 Posts: 550 ✭✭✭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.



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