Legal Question in Employment Law in California

Re: sleeping on the job

So, you want to base a business decision that you worry could get you sued on anonymous internet advice? You'll notice that the other attorneys didn't tell you what to do - that would be improper for any of us to do under these circumstances, you are not a 'client'. You should actually consult with employment law experienced counsel on all the facts and learn what the risk and rewards are, so you can make an informed decision. That is what attorneys do for clients. Feel free to contact me if interested in learning the rules and reasons for your decision.

Re: sleeping on the job

If this is a non-union, non-government job, and there is no contract with the employee that limits the ability to terminate the employment relationship, then the law allows either party to terminate the relationship at their will. This means no warnings need be given and the employee may be terminated for any lawful reason.

Care must be taken, however, to apply your practices uniformly and equally. If favoritism is shown to one identifiable class of employee over the other, a discrimination lawsuit may be expected.

Re: sleeping on the job

In addition to what my colleague writes, it depends how long he slept, and how often he has done that. Certainly, if you want to issue discipline, you might have to supervise him in the future to make sure it doesn't happen again. If he is otherwise a good worker, then perhaps a reprimand would suffice.