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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.

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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.

[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

B. An amendment

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.

[Deleted User]

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.

Deep Thought

https://www.boards.ie/discussion/comment/122281244#Comment_122281244

well that is case to bring Labour Courts

tinytobe

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

The problem is you don't have any rights because you're there too short.

It's also possible that you were engaged in heavy duty and other kind of senstive work and you were taking prescription drugs on doctor's orders and that wasn't a good choice for the kind of work you were supposed to do?

But in the end, they should have given you a fair test or asked you or offered any proof if you were drinking at work?

Just hearing from staff is just hearsay about potential drinking on the job and then getting fired over hearsay is neither professional nor fair, but what fair is these days…. Work and job life isn't very nice these days.

HeidiHeidi

Thread is nearly 2 years old at this stage, I'm sure the OP has moved on by now.