There's some validity in a company sueing an employee because they're not getting enough sleep to perform appropriately at work. First, no there isn't. You can

There's some validity in a company sueing an employee because they're not getting enough sleep to perform appropriately at work. First, no there isn't. You can fire someone because he's incompetent because he gets too little sleep to do his job, but suing is ridiculous. What if he just has insomnia? Second, my assumption was that getting up at 5 am implied going to bed earlier. If you're sleeping 1 to 5 and have normal sleep needs, doing this for any length of time will ruin both the side project and the day job. Most people would be more productive on their side project and at work if they got up at 5:00 am to pursue some kind of passion.