Can a employer fire an employee for sleeping on the job?
While it might seem obvious that an employer can fire an employee for sleeping on the job, that may not always be the case. Here, the court suggests that, had the plaintiff provided notice of her need for leave under the FMLA, then the outcome of this case may have been different.
When to discipline an employee for sleeping on the job?
Anderson suggested that if an employee with a sleep disorder or medical condition routinely nods off in meetings, managers may want to let him or her record the gatherings and fill in the gaps later. While the employee may not finish work in the same manner as others, he or she might be able to produce the same results.
What happens if an employee falls asleep at work?
An employee may have inadvertently fallen asleep at work because of being ill or weak from a recent sickness. In case an employee is found asleep, it is the manager’s responsibility to find out whether or not the employee is feeling fit enough to work for the rest of the day. Prescription drugs can also make people sleepy and lethargic.
What to do if an employee is sleeping on duty?
Before deciding what, if any, action you take when finding that an employee has been sleeping on duty, you will want to determine whether there is any underlying issue behind it. For instance, the employee concerned may well be suffering from an illness at the time.
In light of both the FMLA and the ADA, employers should be cautious and consult legal counsel where an employee has alleged that his or her disability or serious health condition has caused him or her to fall asleep while on duty. Reference: Lasher v. Medina Hospital, et al. (Northern District of Ohio, No. 1:15CV00005, February 5, 2016).
Anderson suggested that if an employee with a sleep disorder or medical condition routinely nods off in meetings, managers may want to let him or her record the gatherings and fill in the gaps later. While the employee may not finish work in the same manner as others, he or she might be able to produce the same results.
What makes it difficult for an employee to sleep?
“The employer and the employee can explore creative ways to meet both parties’ needs.” Many medical conditions can also make sleeping difficult. They include asthma, fibromyalgia, epilepsy and even attention-deficit/hyperactivity disorder.
What happens to your employees when you fire them?
You will have created a scenario in which your remaining employees are afraid to trust you. Or worse, they trust that you may harm them, too. Nothing makes an employee angrier than feeling blindsided when fired. Unless an immediate, egregious act occurs, the employee should experience coaching and performance feedback over time.