I've recently been dismissed from my job for harassing someone I worked with whilst I was drunk, I've admitted it was unacceptable behavior and so was expecting to be dismissed.
During my disciplinary meeting though, one of the comments made by my manager was that part of being dismissed was that they thought 'I was a danger to other members of staff'! Can they say this, isn't this jumping to some conclusions?
2007-10-21 06:28:04 · 13 answers · asked by nigel r 3 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
My manager had been told to say that by HR, talking to him afterwards he said he didn't believe it was the case.
2007-10-21 06:47:53 · update #1
Just had a call with my ex-employer and they now say that this wasn't mentioned at all! I'm just confused now.
2007-10-24 06:43:58 · update #2
Don`t think so, whilst you are drunk, who can say who you will turn against.
2007-10-21 06:32:51 · answer #1 · answered by firebobby 7 · 3⤊ 0⤋
I have been in the field of HR for a little over 15 years and I too would have made the same assessment. You were harassing another employee while under the influence. It does not matter if you were not on the job as this behavior can continue in the workplace. There is no way HR or management can determine otherwise. Additionally, you are not clear nor offer any example(s) as to the type of harassment you commited against this former co-worker. It is extremely rare for HR to make such a statement unless the act committed did cause great alarm you would be a danger to other members of the staff. I am very sorry this happened to you, but this is why it really isn't very smart to go out with co-workers after work or at the very least keep the drinking to a bare minimal.
2007-10-21 21:34:46 · answer #2 · answered by Anonymous · 0⤊ 1⤋
They can say whatever they want when they sack you. However, the general rule most employers follow is to only give valid reasons for dismissal.
If you harassed someone you worked with while intoxicated, it shows that you cannot recognize what your limits are.
That is dangerous behavior. This time it may have been harassment. The next time it could be rape. That does make it dangerous and therefore "gross misconduct" which means that you are not eligible to immediately get unemployment.
If you can't control yourself when you drink, then don't drink.
2007-10-21 14:42:10 · answer #3 · answered by mj69catz 6 · 0⤊ 0⤋
Why would they not be able to tell you that they thought you were a danger to the other employees?
If you are a fork lift operator and you're on the job drunk - you are a danger. If you are a trash collector and you're on the job drunk you are a danger. I don't really think there is a job out that that you can perform while intoxicated and not be a danger to your co-workers (and customers or yourself). Even if you were not on the clock and showed up at your place of employment just to visit another co-worker they can dismiss you.
Sorry - but I don't find that statement outrageous.
2007-10-21 23:24:12 · answer #4 · answered by Boots 7 · 0⤊ 0⤋
I looked at this question hoping I could come up with a good defense for a tribunal. I would guess that you have already been done for gross misconduct- if you were drunk at work you have no case. Otherwise take some professional advice but I doubt you have a case unless the other party retracts their allegation..
2007-10-21 13:36:15 · answer #5 · answered by Johnny 7 · 0⤊ 0⤋
Sounds like they are just pointing fingers and making things up as grounds for "sacking" you.
Too bad about your inappropriate behavior, and hope you learned something from that episode.
I would think that they could not fabricate things, but then if you want to make a big deal of it, you could file a wrongful termination suit considering that the grounds were exaggerated.
But honestly, I'd just let it go.
2007-10-24 13:54:52 · answer #6 · answered by Kathryn P 6 · 0⤊ 0⤋
Harressment can come in many forms, it depends what you did to this person whilst you were drunk. So, it could be you did put people at risk and the company feels that, drunk or not, you may just do the same again and they can not afford to have their employees present that risk.
You really don't have a leg to stand on.....drunk or otherwise.
2007-10-21 14:04:51 · answer #7 · answered by Leu 4 · 1⤊ 0⤋
Ask that manager to put it in writing that he didn't agree with that conclusion.
Just in case that ever comes back to haunt you when a future job opportunity checks your record, you want the letter to cover it.
2007-10-21 17:03:48 · answer #8 · answered by open4one 7 · 0⤊ 0⤋
The law says that if you commit a assult or battery againist someone you work with they can fire you because it makes the work place unsafe. If you disagree you should hire a lawyer and sue your work for unwrongful termination,then you have to prove that your behavior was only a one time thing and it happened out of work and would not of happened in the work area.
2007-10-21 15:50:49 · answer #9 · answered by brit 2 · 0⤊ 1⤋
No, if you can't control yourself after you get drunk, then you are a danger to his staff, and probably in need of rehab.
2007-10-22 07:28:09 · answer #10 · answered by Expert8675309 7 · 0⤊ 2⤋