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Went to hospital and after returning to work I had been replaced am I eligible for benefits

by Jrff
(California)

I have been working for a Thai restaurant for over six months straight. I start 15 min before start of shift and leave 15 to 30 min after shift ends and am made to only sign time card without pay for the extra time. We have been shut down twice by health dept. I've watched boss drop food on dirty grimy floor and pick up and put on customers plate and serve it on more than one occasion.


After eating food from work I got very ill and was hospitalised. After returning to work, I was given my check and told I had been replaced.

Am I eligible for unemployment benefits?

Answer: Went to hospital and after returning to work I had been replaced am I eligible for benefits



Hi ..

First, let me say the only question that struck me to ask you, was why in the world would an employee who knows the restaurant they've worked at for six months has been shut down twice .. and personally saw the owner stick food dropped on a dirty grimy floor .. back onto a customers plate .. eat anything in that restaurant.

Just sayin .. it makes all that irrelevant stuff, completely off topic for an employer having to prove the burden of misconduct, raise questions for a realist and reasonable person, such as myself to wonder if maybe something else might of been going on other than the reason you tell me you were discharged from at-will employment.

If the circumstances about you getting sick and being hospitalized because of food poisoning, are as straightforward as they seem and nothing else was at play here, (sometime people leave out important details that could change my mind) and I know it's the employer who hasto meet the burden that the discharge was for misconduct .. then yes, I'd say you should be found eligible, for losing your job for being hospitalized.

And I'm sure you have the documentation to prove to the EDD you were in the hospital .. when you were replaced .. correct?

Source to support discharge for being ill, isn't misconduct: CA UIBDG

Chris

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