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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117458
Experience:  20+ Years of Employment Law Experience
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I am 68 yrs, 23.5 employed until 9.17.15, when suspended for

Customer Question

I am 68 yrs, 23.5 employed until 9.17.15, when suspended for 3 three days then fired for having fell asleep sitting down in my work area waiting to be released after a night's work at 5:30 A.M. (Graveshift)..I had been awake for 30+ hours. After appealing all rulings (state Missouri) I am at a point where seven Lawyers have expressed I have nothing to file a "Brief" before the: Missouri Court of Appeals, Southern District, 300 Hammons Parkway, Suite 300, Springfield, Missouri###-##-#### Tyson Foods, have been no help, of course! I have "NO" ...."nothing" in my favor to fight this denial of benefits of which I am required to pay and then denied to access! I am stopped cold, unless you can help me? I know it is a very impossible matter, I just not willing to concede yet! I am ready to give up, if need be! I have no funds to pay anybody. I have not been to even pay all my bills for the pass 38 weeks....Thanks!
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that sleeping on the clock is considered misconduct related to employment, so that is what your attorneys you have spoken to are telling you. Unfortunately, the laws in these areas are pretty settled, there are no real magic bullets to pull out in some cases and when 7 attorneys have looked at your case and told you that, I am afraid that there is really some truth in numbers. While you do not want to give up, legally, if you fell asleep while your employer was paying you to work, that is considered good cause to terminate an employee and deny benefits.
The only possible recourse is you would have to prove you have a permanent disability and that caused you to fall asleep, which would then be a ground to argue this was not your fault. However, that is like pulling at straws and you would need medical expert support for that claim and you would have to claim it was only recently discovered by you which is why it was not raised before. Again, this is a huge hail Mary pass and is only good if supported by medical testimony, but other than that, I am afraid you are going to not have any other recourse.
Customer: replied 2 years ago.
I thank you for adding info. My pride does not want to give up....but reality was from the beginning at best a "long shot"! I have been persistent at causing the appeal process to spend their time and moneys, and doing their job! I will continue to my "last breath"! It is very close! Thanks again!
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
While I know people sometimes fight on pride, you really do have a long shot and as long as you realize that, you have the right to pursue your rights as I said above.
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