San Antonio, TX asked in Employment Law, Workers' Compensation and Civil Litigation for Texas

Q: Can I sue for being terminated for accidently falling asleep at my home desk.

I work from home and accidentally fell asleep at my desk, I work two jobs and goto school which I had clarified to my boss before the incident and she was actively working with me to find solutions (ie scheduling myself PTO/UTO.) I had came back from my scheduled time off and was terminated effective immediately due to work avoidance by HR.

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Probably not.

It isn’t unlawful employment discrimination. Unless you have a contract that limits the reasons your employer may terminate you which doesn’t encompass falling asleep during your workday, you don’t have any legal recourse under the facts presented.

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