Can Management Fire a Cashier for Repeatedly Sleeping on Duty? Legal Steps and Precedents?

Can the management terminate an office employee (Cashier) for sleeping on duty regularly? The office camera has recorded him sleeping during office hours several times. What should be the procedure? Is there any letter that needs to be issued? Are there any legal precedents?

Hi Kolkata Harsh,

What type of organization do you work with? Also, please let us know whether this employee was sleeping at his workstation. Did anyone in HR speak with him? Yes, the employer may terminate if an employee is regularly sleeping during working hours.

Thank you.

Yes.

But the company needs to follow due procedure before termination. This includes counseling, warnings, and a chance to change/improve, and finally termination. Sleeping on duty of this nature is definitely misconduct, which can cause a loss to the company as well as the employee.

There is no need to terminate an employee if the employee sleeps during working hours. The management should inquire about his health issues or take steps to engage employees who may not have activities to do.

Dear Harsh,

As you have not given much detail about the scenario (for example, what type of organization it is and what the role of the cashier entails), I wonder whether it is a real situation or an assignment question posed in an academic course! In the absence of such information, the responses you receive are based on assumptions, or you will end up with more questions being asked.

Yes, but you need to follow the due course of law, such as issuing a show-cause notice, allowing the employee to respond in writing, considering the response, issuing warning letters for the first misconduct, and then, after a repeat of the behavior, conducting a fully documented inquiry, etc., and only then proceeding with termination. I don't see any mention of a warning for previous misconduct. That should always be in place before termination.

This is because, as a cashier, the employee would most probably be a non-supervisor and could challenge the termination. The labor courts are labor-friendly (meant to protect employees' rights) and will quash any termination not done as per the prescribed procedure.

Hi Kolkata,

Have you talked to him about his mistake (maybe it's caused by his sickness, lack of sleep, or family burden) or given him a warning and an opportunity to change? After taking those steps, if he still sleeps on duty, it's time to consider a termination decision. I don't know where you are from, so I can't give advice on legal issues.

I agree with Harsh. You should talk to him and find out if there is any medical reason for his behavior. Follow the procedure for taking action.

Your line "There is no need to terminate an employee if the employee sleeps in his working hours" gives a totally different message than what you may have had in mind, that the employee shouldn't be directly terminated without checking the health issues. Please note that this action does remain as one of the options available to any employer in such situations. However, a 'blanket' statement like yours gives a totally contradictory message than what you intended. I suggest using your words carefully, lest someone blindly follows your suggestion and lands in a mess.

@ Kolkata Harsh - If you really want actionable suggestions from the members, please give the full and complete picture of the situation.

Regards,
TS

This seems to have developed in a pattern, as suggested by the queries when he states the office camera has caught him sleeping several times. Apart from health issues, he may not be having a sufficient workload. Check on this aspect and load him with more work by restricting cash hours. Say 2 hours in the morning and 2 hours in the afternoon (or as may be justified).

A.S. Bhat