How do I sleep without getting caught
Sleeping at work: when is it threatened with dismissal?
The courts have had to deal several times in the past with dismissals due to a nap during working hours. Some examples from the Deutsche Anwaltshotline AG:
Second sleeper transfers 222 million euros
In 2012 a bank employee fell asleep while he was supposed to transfer 62.40 euros for a pensioner. He made himself comfortable for a few seconds on the "2" key and made a transfer of EUR 222,222,222.22. He wasn't fired, but his colleague was. They released the order without objection. Thereupon threw her the bank willful deception about her work performance - after all, she did not check the receipts at all, otherwise she should have noticed the error.
The Hesse State Labor Court ruled in favor of the bank employees. The day she made the mistake, she had an enormous amount of work to do. She checked over 600 documents in less than 1.5 seconds each. Such a mistake could happen. The court saw a warning as justified, but not a termination without notice (LAG Hessen, Az. Sa 1315/12).
Napping in the company toilet does not justify termination
Taking a quick nap in the works toilet can be okay. As long as it happens with good reason and only once. At least that was the verdict of the Hamm Regional Labor Court. In the said case, the managing director of a medium-sized company caught a long-time employee in a locked toilet cubicle during a tour of the house - with his pants on. So the employee obviously hadn't gone to the bathroom for his business. The indiscreet managing director photographed this scene and woke his employee by banging the door loudly. The Termination without notice due to sleeping during working hours followed immediately.
The employee, who had worked for the company for 18 years without any complaints, disagreed with the allegation. He would have had stomach problems that day and would have spent a few minutes in the toilet because of it. The Hamm Regional Labor Court saw no clear evidence of the nap in the toilet and stood behind the employee. Even if he had fallen asleep for a short time, after years of good work that would only be seen as minor misconduct and would not justify a termination. The stomach-plagued employee then received severance pay from his former boss (LAG Hamm, Az. 15 Sa 463/04).
Repeatedly falling asleep at work leads to dismissal
An employee from Cottbus did not get off quite so lightly. This fell asleep in 2007 at work. Her boss also suspected she was drunk and warned her. Six months later, a very similar incident occurred, whereupon the sleeping employee terminated without notice became - unsuccessful. She was able to enforce a dismissal action before the labor court and was continued to work. Only to fall asleep again at work a year later and get caught doing it. Presumably to avoid an ordered alcohol test or to sleep in at home, she also left her job before the end of work. It was terminated again and this time it was also effective.
The Cottbus Labor Court confirmed that renewed breaches of duty of this kind would be expected in the event of continued employment and therefore regards the ordinary termination as justified (AG Cottbus, Az. 6 Ca 652/09).
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