Aldrich Law Firm, Ltd.
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Man falls asleep at work, sues former employer

Business owners in Las Vegas rely on their employees to putting in an honest day’s work. In turn, they provide their employees with an honest day’s wages. When an employee shirks his duty and does not live up to the standards set by the employer, he or she is violating that trust. Under these circumstances, an employer has the right to dismiss that employee.

One employee that apparently did not meet his employer’s expectations was let go from his job at a Nevada mine after his supervisor found him literally sleeping on the job on December 2, 2011. The man had worked for the company just over a half a year when he said that he had to sit down after becoming disoriented. He claims that a prescription medication he was taking at the time contributed to the episode.

A few months after his dismissal, the man complained to the Nevada Equal Rights Commission that he was discriminated against because of his Hispanic race. He claims that he was denied bonuses and overtime pay and that he was treated in a hostile manner.

The company that runs the mine, Rodeo Creek Gold, filed bankruptcy last March. The employee filed his lawsuit in bankruptcy court in May.

For a mining company that relies on its employees to fulfill their duties, having an employee who falls asleep on the job is not only unconducive to productivity, it can also be a safety hazard to others working in the mine. The man’s former employers would be well advised to seek the help of an experienced business litigation attorney to represent them in court.

Source: Elko Daily Free Press, “Former employee files suit against Rodeo Creek for discrimination” Caley Cook, June 18, 2013

John P. Aldrich
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