Very ill student, problems regarding availability. What should I do and what are my rights?

Unfortunately, as another poster wrote it is possible you may qualify for temporary disability although I cannot tell you with absolute certainty and all my dealings with them if you would qualify. However, if you have been employed at this place for a minimum of 1 year and worked 1,250 hours you would be covered under the Family Medical Leave Act which allows you 12 weeks or 70 somewhat days leave of absence. But there are several loopholes to this. For example, the place must employee at least a minimum of 50 or more employees for the last year. This would be your only job protection. Very sorry about your illness. I can relate. I had several tumors removed back in 2001 and I have just been diagnosed with advance endometriosis which can be very painful particular during that time of month and leaves me bedridden. I hope you recover soon!

As a part time employee you don't have many rights. Showing up is usually a condition of employment.

Sorry but as an employer when it gets so bad that I have to consider hiring someone to fill in for you, well you should see the problem.

However, on the side of justice and being a compassionate human, try a sit down with her and explain to her that you need the job but you know for the job to exist the owner needs to make a profit. So what can you two do to help each other?

Right now you have a problem and your boss has a problem. Let he know that you want to be the solution to her problem as much as you need her to help with the solution to your problem.

Good luck

Sorry. If I was a restraunt employer that depended upon smiley faced healthy staff people that make the place profitable,I would consider giving you a leave of absence to become healtier. As you know, waitresses are extremely transient. They are not obligated to carry you. Bummer. There may be social service organizations that could help you, and in most states you should still be coverd by your parents insurance as long as you are a full time student. Additionally, you may be eligible for lots more state benefits if you arn't making wages.

Check with the board of labor/ department of employment in your state. Many states have rules that small employers, under a certain number of employees, do not have to be bound to the same employee rights regulations as other employers. And many states are "at will" employment states, which means either you or your employer can terminate the relationship at any time without having to give a reason.

I think your boss is being a B-I-T-C-H! However, if you signed one of those contracts that say they can fire you on any terms, then you are just screwed.

To be sure what your rights are, ask your boss if there is a home office number you can call (tell her it's in regards to your 401K or something else that is not irrelevant to your illness or else she may become suspicious-thinking you are trying to get her in trouble) and talk to someone higher up who can possibly tell you your rights.

If your job has a doctor excuse policy, then bring one after every visit, because surely to goodness she can't fire you for bringing one in for a doctor's appointment. Get what I'm sayin'?

Sorry to hear about your illness! :( Good luck to you! :)

It will depend on the state you live in, as to what your rights are. Legally, I don't believe they have to keep you on, just because you are ill. Have you thought about taking a leave or going out on disability? Unfortunately with a small business, they may not be able to afford to keep you on with frequent call outs. How about cutting your hours back a bit to accommodate your appointments?

I think you need to only worry about your health.. if your immune system is really shutting down, then maybe you should concentrate 100% on your health and nothing else. Get help from your parents as well.

Work study on campus will pay you more than some cafe. You should also already have medical and dental through the student union.

Do you know if you will have unemployment benefits coming? If you do then let them fire you. You will not receive unemployment benefits if you quit. Good luck

i think you may be able to get temporary disability call you local office if she lets you go