Whether an employee was fired for disloyalty or because she occasionally nodded off at work due to sleep apnea is a question for a jury, a state appeals court ruled Thursday.
The Appellate Division said summary judgment was improvidently granted to employer Caswell-Massey, who asserted Linda Gibbs was fired from her management job because she was involved in a scheme with her husband to peddle her company’s luxury bath and body products at a flea market.
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