Sleeping On The Job

5560905

Call me naive, but I would assume that unless the job comes with a bed or cot, that as an employer I could expect the employee to KNOW that he/she is not authorized to sleep during a work shift.

I just attended an umeployment hearing for an employee who was caught on video surveillance, sleeping during this work shift on multiple occasions. This employee is a night desk clerk at a hotel and is responsible for meeting and greeting guests, handling guest transactions such as check in and out, and is responsible for the overall safety and security of the hotel from 11 PM to 7 AM. While activity is generally slow during the wee hours of the morning, some guests do arrive late and leave early and staff is supposed to be at the ready to assist them.

The judge asked me to show him a rule that made it clear to the employee that he was not allowed to sleep on the job.

I changed my strategy to focus then on the fact that the employee left his workstation and went into the back office where he got a blanket and sacked out in a chair for over half of his shift. We have a specific rule about leaving yoru workstation without permission or proper relief.

I dont' know how the hearing will come out but I focused on the fact that his behavior placed the hotel and its guests in jeopardy and was therefore so aggregious as to warrant immediate termination.

Where do you draw the line on having a specific rule for everything? I thought having video of the employee sleeping on the job was a sure fire way to win the hearing, but now I'm having doubts. Anyone else have a similar experience?

HS

We have it as a rule at our company. Sad, but true! I think you've done the right thing though in showing that the employee left their post for half the shift when they know that they need to be there for the customers! Maybe in the future you need to add a "no sleeping on the job" policy as well. Let us know how it turns out.

Don D

This is a puzzling one, but one that I'm not surprised at, given the mindset of some state DOL/UI people. I had a similar one with a union grievance or two where we had uncontrovertable evidence that employees had been sound asleep on the job. Our attorney eventually told us to not discipline them for 'sleeping on the job' and to not even mention 'sleeping', since a hearing officer often rules that just because one's eyes are closed doesn't mean they are sleeping. He told us to record the event as 'inattention to assigned duty for an extended period of time in violation of company policy'. Go figure. Perhaps the snoring on the tape could have even indicated a simple breathing disorder triggered only at night in awake people, or a form of humming musically. I will be surprised if your hearing comes out in your favor!

safety

xI-) xI-) xI-)I agree with Don and would also implement a no sleeping on the job policy anyway. We had an ee who was caught three times sleeping on the job against company policy, the last time he was sitting on a powered industrial truck, and we terminated after following progressive corrective action and won the UI case!

Moria

Sorry Don D., I was nodding off, what did you say? xI-)

I had an administrator once that the Board wanted to terminate. He would nod off at his desk. He point blank told me that I would never get rid of him,
because he had a physical illness. Well he is not there any longer, (performance issues did him in,) but then neither am I!

Nat

[font size="1" color="#FF0000"]LAST EDITED ON 05-19-03 AT 10:42AM (CST)[/font][p]We have taken the "no sleeping" policy one step further and have stated that sleeping or giving the "appearance of sleeping" can be grounds for termination.

SMace

My father worked as a supervisor at GM many moons ago. He came upon a janitor who was asleep standing up leaning on his broom. He stood there a few minutues to make sure he was asleep and then said the gentleman's name. When he heard his name, he said, "Amen." and opened his eyes.

Dasher

To be honest, I do take naps sometimes in a hidden away office space. But I draw the line at bringing a pillow and blanket.

HRsage

Does anyone recall when "Power Naps" were coming into vogue? It was believed that they increased productivity by giving the person an added boost towards the afternoon. I take naps sometime, but they are during a break or lunch. And that's only if I get to take a break or lunch.
Do a no sleeping policy, sure it's common sense, but it's still needed in your policies.

Rockie

Sounds like something the unemployment yahoos in South Carolina would say! I had a case where an employee was terminated for falsifying insurance documents and claim information for lost time. She had no lost time - and she used another employee's name as her supervisor. The employee caught her faxing this information and the other employee said "You don't have a problem with this, do you?" (In a rather menacing tone). The other employee wouldn't testify against her because she was afraid of this person. The Commission ruled for the former employee because the other one would not testify.

Parabeagle

I also work for a company that owns hotels and we specifically articulate it as a rule that sleeping on duty is a no-no. That way there is no ambiguity at all and situations like yours, as ridiculous as the ALJ's position is, can be avoided altogether.

Don D

Again, we lost two in arbitration. The employee in both cases was sound asleep and two witnesses recorded the activity, sounds, time period, jolt when awakened, etc. The arbitrator in both cases ruled that there was no proof the ee was asleep and bought his contention that he had a headache and was resting his eyes temporarily and knew the witnesses were looking at him all along. The arbitrator in each case said they would have no problem had the discipline been for not paying attention rather than our calling it asleep 'at the wheel'.

Sunny

I guess we'v been lucky - at this count we have fired three employees for sleeping on the job. We won all three UI cases and the union never even took it to a third step. Two of the employees were janitors (go figure) and one was a foundry furnace operator. Luckily the furnace operator went to his car to nap - don't want to think what would have happened if he had nodded off on the pouring deck. In his case we did use being away from his job during the shift as well as sleeping as the reason for termination and that is probably what saved us.

hrbanker

Several years ago I implemented a new behavior policy that included, "No unauthorized sleeping on the job." Spent the next two weeks dodging employee calls requesting sleep authorization slips.

We had an employee with several health problems who would regularly put his head down on the desk and sleep. He blamed his medication. We came to an agreement and made it possible for him to take disability leave.

Margaret Morford

Believe it or not, the police caught one of our employees with our product in the trunk of her car right after she pulled out of our property. (They were looking for drugs.) We fired her for stealing. In the unemployment hearing, the hearing officer asked me if we had a policy that prohibited stealing. At that point, I lost my temper and said, "No. However, it seems to me to be a basic tenet of the employment relationship that you don't steal from the person that's paying you!" We won, but I doubted we would. Hope the same happens to you. Under work rules, we now include the unauthorized taking of company products or supplies and that employees are expected to be awake and productive at all times while working. What a world we live it!

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Don D

That's interesting, seeing as how in Tennessee, no law enforcement officer other than a game warden has the authority to 'command' you to open your trunk for inspection, in the absence of a warrant/subpoena. Same in Mississippi and perhaps many states. Know your rights.

Margaret Morford

Had her under survellience for awhile. Called us to see if they could come on the property to search her vehicle. We said no. I'm assuming that they observed her and had probably cause. That one wasn't my problem. The theft was mine.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Zanne

[font size="1" color="#FF0000"]LAST EDITED ON 05-19-03 AT 10:31AM (CST)[/font][p]I worked for a small hospital a while back and worked with a out of place 1960's era president/medical staff director.

We were discussing wage increases and he went through the list - arbitrarily marking people up or down from the 3% across the board. He got to a housekeeper that was SUB PAR all the way around and gave her a $.50 increase. He said it was due to the fact her husband was a ne'r do well and an alcoholic and she needed the money. I protested and he went on to elaborate that he had found her sleeping several times in his clinic office. He would just wake her up and send her on her way. He felt it was the kindest thing we could do for someone in a small town in a bad situation.

I know that goes against all our HR rules and the concept of equal treatment of personnel and I said so at the time. But looking back, that guy had a pretty good heart - just not necessarily in the right place.

The housekeeper has since retired and is doing her napping at home.

PS: I don't follow this concept at my current job.

AnneLa

I also had the same situation where I lost an UI hearing becasue we did not have a policy prohibiting sleeping on the job or the appearance of sleeping on the job. Guess what??? When I revised our employee handbook.......there's a no sleeping or the appearance of sleeping section in it!

ritaanz

Another true story..... When I got the ok to hire an assistant, I interviewed several people. I offered the job to a gal who had no HR background but lots of experience working with people i.e. retail sales, waitress, school aide. The first couple of weeks went well. A few times I thought she drifted off (not paying attention) when I was talking to her. On the third week I walked into her office and she had her head on the desk and was sound asleep. I woke her up and asked her to come to my office. I was prepared to give the "no sleeping on company time" speech. When she came in, she looked so sad. I asked her if she was ill. She sat down, started to cry and told me she had narcolepsy, a disease of uncontrolled sleepiness. That was a new one for me.

She then stood up, shook my hand and said good bye assuming she was terminated. I did not terminate her and she ended up to be a super employee. In order to keep her awake, I had to load her desk up with work. As long as she was active, she was fine. I did get some strange looks when we both were in staff meetings though.