DC 400.3 Sleeping

Click on the case numbers below to access decisions that consider whether a claimant, who is fired for sleeping on the job, is eligible for unemployment benefits.

0020 4770 73

0020 4770 73 (Aug. 28, 2017) – Claimant had a heightened obligation to take precautionary measures to stay awake on the night shift, where he was responsible for monitoring adolescents on suicide watch.  A prior warning for sleeping on the job put him on notice that he was susceptible to drowsiness.  Because the claimant denied that he was sleeping on the job, he offered no mitigating factors.  He is not eligible for benefits after resigning in lieu of discharge.

0016 9834 50

0016 9834 50 (June 1, 2016) – Information Coordinator, who employed various preventive measures to stay awake during her shift, but nonetheless fell asleep at her desk in plain view of anyone who might enter her work area, is entitled to benefits under G.L. c. 151A, § 25(e)(2).  The Board considered the claimant’s duty of care, which was commensurate with the gravity and sensitivity of her work.

0014 3517 20

0014 3517 20 (Sept. 21, 2015) – Claimant intentionally fell asleep at work during the night shift.  He went to sleep on a couch at 1:00 a.m., setting an alarm to wake himself up at 5:00 a.m.  There were no mitigating circumstances for his conduct.

0011 0695 47

0011 0695 47 (Oct. 24, 2014) – Security booth operator who fell asleep at his post was not disqualified under G.L. c.151A, § 25(e)(2), because of mitigating circumstances.  On the night in question, claimant was assigned to float to a location that involved a 60-mile commute each way, and he took steps to stay awake by leaving his post to get something to eat and drink.

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