Fired for Sleeping on the Job
Updated : October 8th, 2022
Can I collect unemployment if I have been fired for sleeping on the job?
Posted by HARD WORKIN MAN (Las Vegas, NV)
First off, I would like to start with how long I have been employed at this company, 10 years. I was on Family Medical Leave (FMLA) at the time I was terminated. I was in a company brake room with one other team member when three of my bosses walked in the room. The team member that I was with turned around and made eye contact with the three bosses while they were walking into the room, I on the other hand did not. My head was down “chin on my chest” due to the severe back pain I have this helps take the pain away for a while. They questioned the both of us about if we were sleeping “Both of us said NO”.
I explained that my back pain was very bad and I was resting my head on my chest to take the pressure off my back. They all three then told us both to wait in the break room while they went out to the hallway to discuss action to be taken, five minutes later all three came back into the room laughing and smiling and asked us to follow them to the office. When we arrived at the office they separated us, I was brought into the office first. My boss explained I was suspended pending investigation and would hear from an HR rep in the next few days.
The other team member was sent home for one day “with pay” and didn’t get suspended or fired, there reason was, when they walked into the break room, he was the one that made eye contact with them and I did not. A week later a peer review was held with myself, one of the bosses and an HR rep. During this review I brought them a letter from my doctor explaining all the meds I’m on and explaining the side effects of these drugs.
After the meeting the HR rep said they would have an answer for me within a week. Four days later my boss called me at home to explain I was fired for sleeping! Now I have a phone interview coming up in a few days with the unemployment office to see if I’m going to receive unemployment money. What should I do? Will my doctors letter help me receive unemployment money? What questions should I expect? Thank you.
Hi Hard Workin Man,
First off, how long you worked there is irrelevant.
But let’s back up a bit and answer this, you said you were in the break room… were you on an approved break?
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