Co worker accusation

[tonydatillo]

Indiana - A co worker reported to HR today that they smelled alcohol on my breath. My manager and director both spoke to me about the accusation shortly after and I told them I had never consumed alcohol at work or arrived at work intoxicated at any time during my entire life. I then had a short meeting with the head of our HR dept. She said basically the same thing ... Someone reported that they smelled alcohol on my breath. I told her the same thing that I told my manager and director and she asked if I was willing to be tested for alcohol at a local occupational health facility. I said "absolutely" . She quickly arranged it and I took a chemical breath test. Results were 0.00 ... I've read how hard it is to prove defamation of character, but I was wondering if there were any legal avenues I could pursue on this matter. I'm guessing not, but I wanted to run the situation by someone with knowledge of the law. I'm a computer systems analyst. Have worked for this company for 11 months. I barely know the employee who made the accusation. I can't figure out what her motive was.

 

[sandyclaus]

Indiana - A co worker reported to HR today that they smelled alcohol on my breath. My manager and director both spoke to me about the accusation shortly after and I told them I had never consumed alcohol at work or arrived at work intoxicated at any time during my entire life. I then had a short meeting with the head of our HR dept. She said basically the same thing ... Someone reported that they smelled alcohol on my breath. I told her the same thing that I told my manager and director and she asked if I was willing to be tested for alcohol at a local occupational health facility. I said "absolutely" . She quickly arranged it and I took a chemical breath test. Results were 0.00 ... I've read how hard it is to prove defamation of character, but I was wondering if there were any legal avenues I could pursue on this matter. I'm guessing not, but I wanted to run the situation by someone with knowledge of the law. I'm a computer systems analyst. Have worked for this company for 11 months. I barely know the employee who made the accusation. I can't figure out what her motive was.

Maybe they were just mistaken and had no ulterior motive.

When it comes right down to it, you were not damaged in any way. Your employer investigated, you were found not to have any alcohol in your system at all, and the accusation ended up having absolutely no effect on you. If you are thinking that somehow this entitles you to some kind of monetary award, then you'd be sadly mistaken as well.

 

[Betty]

Agree; since you suffered no damages (example - loss of your job), there is nothing to sue for.

Sorry.

 

[Tresha91203]

The coworker may have made an honest mistake. There are tons or products (grooming and hygiene in particular) that contain alcohol: mouthwash, hairspray, perfume/cologne, deodorant, etc.) If you smelled alcohol on a coworker, wouldn't you report it? Do you have any reason to suspect the coworker is out to get you for any reason? Be extra careful, if so. As it stands, there has been no damage and I assume no provable malice, so no monetary award.

 

[jiggy78]

Think of the consequences if you could successfully sue somebody who made an honest mistake about workplace substance abuse. Nobody would report anybody for fear of being sued. That would be so much better than what happened to you, which was nothing.

 

[mmmagique]

OP, if you weren't drinking alcohol the night before this happened, go to your doctor and let them know what happened. The smell of alcohol without the actual consumption of alcohol, can be a sign of diabetes.