Jul 2019 · Massachusetts, United States
Psychiatric hospital technician who dozed on one-to-one patient watch loses benefits; known drowsiness and no steps to stay awake
- Legal
A mental health technician on the 11:00 pm to 7:30 am shift at a psychiatric hospital, already warned earlier that year for sleeping, fell asleep in a chair outside the room of a patient she was assigned to observe one-to-one. Her prescribed medication made her tired, but she had not told the employer, and she took no steps to stay awake. The state unemployment Board of Review reversed an award of unemployment benefits, finding that alertness was central to the job and that falling asleep was deliberate misconduct.
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