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