July 22, 2014

October 2005 - Let 'Em Sleep

This contribution, from U.S. District Judge T. John Ward of Marshall, is from an employment case Ward tried recently "wherein plaintiff was alleging race and age discrimination and retaliation for protected activity":

The defense was that the plaintiff had been discharged because of poor performance. Part of the performance issue involved sleeping while on the job. The plaintiff was a home healthcare nurse.

The defense attorney asked the following question:

Attorney: Do any of you think that sleeping on the job is not grounds for firing someone?

Juror: I think if a person wants to sleep on the job and they can get away from it, that's their prerogative. Let 'em sleep.

Ward adds: "The response brought considerable laughter from the remaining jurors."