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,… Continue reading


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