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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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  • 19-06-2024 7:07pm
    #1
    Registered Users Posts: 8


    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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Comments

  • Administrators Posts: 13,975 Admin ✭✭✭✭✭Big Bag of Chips


    Two threads merged and posted in the appropriate forum.



  • Registered Users Posts: 636 ✭✭✭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.



  • Registered Users Posts: 8 alanking123445


    thank you



  • Registered Users Posts: 18,432 ✭✭✭✭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.



  • Registered Users Posts: 263 ✭✭Babyreignbow


    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.

    If a thousand suns were to rise
    and stand in the noon sky, blazing,
    such brilliance would be like the fierce
    brilliance of that mighty Self.”



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  • Registered Users Posts: 8 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



  • Registered Users Posts: 2,664 ✭✭✭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.



  • Registered Users Posts: 8 alanking123445


    yes I am on diazepam and mirtazepine



  • Registered Users Posts: 1,784 ✭✭✭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.



  • Registered Users Posts: 4,562 ✭✭✭jackboy


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



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  • Registered Users Posts: 8 alanking123445


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



  • Registered Users Posts: 8 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.



  • Registered Users Posts: 20,980 ✭✭✭✭Ash.J.Williams




  • Registered Users Posts: 6,671 ✭✭✭SteM


    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.



  • Registered Users Posts: 4,562 ✭✭✭jackboy


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



  • Registered Users Posts: 86,117 ✭✭✭✭JP Liz V1


    Were you on trial with a contract?



  • Registered Users Posts: 1,003 ✭✭✭JVince


    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.



  • Registered Users Posts: 2,664 ✭✭✭Pauliedragon


    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.



  • Registered Users Posts: 11,012 ✭✭✭✭Furze99


    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….



  • Registered Users Posts: 8 alanking123445


    thank you



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  • Registered Users Posts: 8 alanking123445


    cameras in kitchen and everywhere else yes



  • Registered Users Posts: 693 ✭✭✭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?".



  • Registered Users Posts: 19,368 ✭✭✭✭Donald Trump


    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.



  • Registered Users Posts: 263 ✭✭Babyreignbow


    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.

    If a thousand suns were to rise
    and stand in the noon sky, blazing,
    such brilliance would be like the fierce
    brilliance of that mighty Self.”



  • Moderators, Business & Finance Moderators Posts: 10,241 Mod ✭✭✭✭Jim2007


    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.



  • Registered Users Posts: 25,891 ✭✭✭✭Mrs OBumble


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



  • Registered Users Posts: 2,445 ✭✭✭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.



  • Registered Users Posts: 19,368 ✭✭✭✭Donald Trump


    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.



  • Registered Users Posts: 177 ✭✭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.



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  • Registered Users Posts: 26,410 ✭✭✭✭Peregrinus


    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.



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