Is sleeping on the job misconduct?

Missouri employees may want to re-think their sleeping routines after a recent conclusion by the Missouri Court of Appeals in Nickless v. Saint Gobain Containers, Inc.  In that claim, an worker was released after a co-worker discovered him asleep on the job.  The employee thereafter filed a claim for unemployment benefits and the company protested, claiming the employee had been released for misconduct.  The Labor and Industrial Relations Commission sided with the employer and found that the worker was disqualified from getting benefits.

Section 288.050.2, RSMo., provides that if “a claimant has been released for misconduct connected with the claimant’s work, such claimant shall be disqualified” from getting unemployment benefits.  “Misconduct” is defined as an act of wanton or willful disregard of the company’s interest, a deliberate violation of the employer’s rules, a disregard of levels of behavior that the company has the right to expect of his or her workers, or negligence in such degree or recurrence as to manifest culpability, wrongful intent or evil design, or show an intentional and significant disregard of the employer’s interest or of the employee’s duties and obligations to the company.  See Section 288.030(23), RSMo. (emphasis added).

In analyzing whether sleeping on the job constitutes misconduct for purposes of Section 288.030(23), the Missouri Court of Appeals noted that no MO claim had previously addressed the issue.  Having said that, the court made clear that “the idea of sleeping on the job is anything other than misconduct is absurd.”  Indeed, “employers possess a right to expect that employees are engaged in significant work while being paid by the company.  Certainly businesses have a right to expect employees to be conscious during their scheduled shifts.  Sleeping on the job would be a ‘conscious’ disregard of that standard.”  (citations omitted).  Accordingly, the court held that sleeping on the job is misconduct due to the fact it constitutes “a disregard of standards of conduct which the company has a right to expect of his or her employee.”

If you are involved in a situation with employment disputes, you should consult an employment attorney.  An employment attorney will be able to provide guidance and representation regarding all types of employment matters, including claims for unemployment benefits.

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