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Can I get unemployment if I only work 3 hours/wk and have a medical condition?

by Jennifer
(California, US)

I work at a KFC in California as a team member, only 3 hours per week because I am sick a lot and have a lot of abdominal pain. They only have me working 1 day a week and coincidentally, lately, I've been sick on that day. The manager knows very well about my condition as I've made it a point to explain to her about it so she knew what was going on. Within the first few days of work I asked her if it would be a problem if a missed a lot of days, she told me No, as long as I tried to call in atleast 3 hours before the start of my shift. I am always scheduled to work at 10 in the morning. Due to my medical condition I am extremely nausious early in the day, and some days I'll wake up at 8 and start throwing up. Other days my abdomen will be so inflamed that I can barely walk or even get the energy to TALK. Anyways, Nobody is at KFC at 7 in the morning. They do not arrive until 8, which does not leave it very possible for me to call in 3 hours before 10. (She was actually wanting me to do food prep at 8 am....I didn't show very much interest, so thankfully she kept me on cashier.) The last time I called out it was about half an hour before 10 because I woke up at 9 and realized my cold had gotten worse, and I really didn't want to get in trouble for coming into work sick. (YOU'RE NOT SUPPOSED TO DO THAT!! Everywhere it says "If you're sick, stay home." So I did. Now today I called to see when I work next, and she says I'm not on the schedule, I've called out for every shift, and brought up the last time was short notice & it was unacceptable. She told me to come get my check and sign paperwork. Is this legal if I'm being let go? I did not have a formal written warning, or verbal until now. (She didnt exactly say I could be fired, but I have a feeling it's going to happen.) & Can I get unemployment based on my crappy hours? Please and thank you!



Hi Jennifer,

Let's start with the question that I can answer .. Is it legal for you to be fired .. YES, it is.

Now, let move on to your crappy hours .. you must be kidding me .. you work three hours a week .. and anyone with any sense of responsibility about a job, regardless of how sick they are .. can manage to call in at least at the time someone will probably be there to take the call.

Now, even though I've addressed the fact that misconduct associated with an illness as the reason for absenteeism and the fact that it isn't always a strong misconduct case ..

I'm not so sure that you will even be able to qualify for unemployment monetarily .. given that you only work 3 hours per week.

Comments for Can I get unemployment if I only work 3 hours/wk and have a medical condition?

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What's interesting, the health condition?
by: Chris

Many people have never bothered mentioning the pertinent information that can change my answer and tone. and frankly, I wonder why you think her condition would be interesting.

I'd much rather be given an opportunity to give answers that come across as being empathetic, but still informative and pertaining to how unemployment works, because they chose to read existing answers to familiarize themselves with the landscape and what I have asked others before.

I just read it again and noticed myself as being impatient with Jennifer and now .. myself because of how her question made me feel .. given feeling is rarely helpful to being objective.

In her case .. if she had just stated the health condition, instead of relaying general stomach symptoms that were in fact, sounding rather chronic .. I might of given Jennifer a link to investigate the ADAAA had she said "Crohns" or something along those lines.

But frankly, I read Jennifer's question, like I do most, several times.

I'll tell you why I didn't ask about what her condition might of been.

She said it was a medical condition .. which most people would assume, at least I do, that she had some non-contagious health condition.

However, what made me think she was being less than earnest ..and possibly one of those people just looking for confirmation they are right and their employer is wrong and/or pity ...

"(She was actually wanting me to do food prep at 8 am....I didn't show very much interest, so thankfully she kept me on cashier.) The last time I called out it was about half an hour before 10 because I woke up at 9 and realized my cold had gotten worse, and I really didn't want to get in trouble for coming into work sick. (YOU'RE NOT SUPPOSED TO DO THAT!! Everywhere it says "If you're sick, stay home."



I doubt she had worked very long at KFC .. and KFC was just wisely, cutting their losses when they realized they had hired someone who makes a habit of calling off work for any reason available and besides..

"I didn't show very much interest"

No kidding .....

Chris

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Interesting
by: Anonymous

What is your condition called?

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ur not alone
by: Anonymous

I work 3hrs a week as well but I live in Jacksonville AL and the reason for that is bc my employer said he doesnt have enough clients for me.



Then you should be searching this site for understanding of whether you might be entitled to partial unemployment benefits.

Chris

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3 hours at KFC????!!!
by: Anonymous

Maybe if you are that sick you need to get on disability. I work 12 hour days so it's kinda farcical to hear about somebody trying to get unemployment off of 3 hours a week. Most people could do three hours in their sleep, that's nothing.

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