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EI (Employment Insurance) discussion thread

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[OP]
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User avatar
Sep 21, 2004
9744 posts
3590 upvotes
Calgary
niloo wrote:
Nov 29th, 2012 2:51 pm
Hi there,

I have few questions regarding EI. I got laid off yesterday after working full time for more than a year in a company and they said I have two weeks before my benefits is cut (I assume that is part of their 2 weeks notice?) , and I am 28 weeks pregnant.

1) According to the policy of my company, eligible employees could start their maternity leave up to 17 weeks prior to the expected date of delivery, and the company tops up EI up to 65% of their actual salary, so basically, I am eligible to go on maternity leave, but I had not given them the required 2-week written notice (because I wanted to start my leave few weeks later), now am I eligible for the top up if I give them my two-weeks notice today? I just saw on the government of Ontario website that I cannot be fired or let go if I am eligible for to take pregnancy or parental leave (http://www.worksmartontario.gov.on.ca/s ... D=1-5-3#H5), can I refer to that and ask them to top up my EI and start my maternity leave 2 weeks from now?

2) Assuming the answer to the above question is no, my next question is they offered me to give me 4 more weeks of my salary either in lump sum or in 2 installments, which one is better when I'm applying for EI?
Sorry I can't really answer question 1 as I'm not sure. For Q2, there is no difference.
Deal Addict
Jul 18, 2005
1590 posts
24 upvotes
I work at a small company. My boss does not deduct taxes, ei,or cpp from our paycheques. Can he really get away with this by saying we are just contractors? Should I be reporting this behavior anywhere?
Deal Fanatic
Nov 21, 2011
8547 posts
1496 upvotes
Edmonton
niloo wrote:
Nov 29th, 2012 2:51 pm
Hi there,

I have few questions regarding EI. I got laid off yesterday after working full time for more than a year in a company and they said I have two weeks before my benefits is cut (I assume that is part of their 2 weeks notice?) , and I am 28 weeks pregnant.

1) According to the policy of my company, eligible employees could start their maternity leave up to 17 weeks prior to the expected date of delivery, and the company tops up EI up to 65% of their actual salary, so basically, I am eligible to go on maternity leave, but I had not given them the required 2-week written notice (because I wanted to start my leave few weeks later), now am I eligible for the top up if I give them my two-weeks notice today? I just saw on the government of Ontario website that I cannot be fired or let go if I am eligible for to take pregnancy or parental leave (http://www.worksmartontario.gov.on.ca/s ... D=1-5-3#H5), can I refer to that and ask them to top up my EI and start my maternity leave 2 weeks from now?

2) Assuming the answer to the above question is no, my next question is they offered me to give me 4 more weeks of my salary either in lump sum or in 2 installments, which one is better when I'm applying for EI?
You can collect EI maternity benefits as early as 8 weeks prior to your expected due date, so you wouldn't qualify for maternity yet anyways. Double check your company's policy on the 17 weeks.
Deal Fanatic
Nov 21, 2011
8547 posts
1496 upvotes
Edmonton
civ@uw wrote:
Nov 29th, 2012 3:30 pm
I work at a small company. My boss does not deduct taxes, ei,or cpp from our paycheques. Can he really get away with this by saying we are just contractors? Should I be reporting this behavior anywhere?
Who controls your hours? Do you supply your own equipment/supplies/whatever else? Is your employment contract considered a contract FOR service or a contract OF service? Generally if you don't control your own hours, supplies are provided for you, and you have a contract OF service, you would be considered an employee and not a contractor. CRA ultimately decides the insurability of employment/hours, so you can contact them.
Deal Fanatic
Nov 21, 2011
8547 posts
1496 upvotes
Edmonton
deathrament wrote:
Nov 29th, 2012 1:35 pm
Hi everyone i have a question. I work at a small store owned by my uncle. I work for 5 months and then get laid off and draw. While im drawing i work about 10 hours a week. Under the new system will they make me look for a different job or make me get a second job because i only get 10 hours a week while drawing. How does that work. Is there a certain amount of hours u need per week for them to leave you alone?
You're always required to look for full time employment. They can't really "make" someone get another job, but it's part of your responsibilities to seek full time employment at all times
Newbie
Nov 28, 2012
10 posts
NORTH YORK
hi everyone i have a question. I got laid off last week on nov 22 and apply EI online right away without the ROE, got the access code and today is 29 but i still didnt get my ROE from the employer in my mailbox, so what happen if i submit late my RoE? and after i apply EI online what is the deadline that i should submit my ROE?
[OP]
Moderator
User avatar
Sep 21, 2004
9744 posts
3590 upvotes
Calgary
Zenzukan wrote:
Nov 29th, 2012 8:46 pm
hi everyone i have a question. I got laid off last week on nov 22 and apply EI online right away without the ROE, got the access code and today is 29 but i still didnt get my ROE from the employer in my mailbox, so what happen if i submit late my RoE? and after i apply EI online what is the deadline that i should submit my ROE?
Your employer has to issue the ROE within 5 business days of your last pay day. If you don't get it within the prescribed timeline, contact your employer first. If they refuse to issue ROE, report it to Service Canada.
Newbie
Nov 28, 2012
10 posts
NORTH YORK
thanks for reply b166,today i contact my employer and she said it'll be available on Dec 5 and mail it to me but i said i'll come and pick it up on Dec 5, so my question is, is it too late to submit my Roe to the EI(apply EI on Nov 22 and give ROE on DEC 5)? or do i have to apply for a new EI online and give them the ROE?
[OP]
Moderator
User avatar
Sep 21, 2004
9744 posts
3590 upvotes
Calgary
Zenzukan wrote:
Nov 30th, 2012 10:31 am
thanks for reply b166,today i contact my employer and she said it'll be available on Dec 5 and mail it to me but i said i'll come and pick it up on Dec 5, so my question is, is it too late to submit my Roe to the EI(apply EI on Nov 22 and give ROE on DEC 5)? or do i have to apply for a new EI online and give them the ROE?
As long as you submit within 4 weeks, you will be fine. Will your employer submit an electronic copy to Service Canada? If that's the case, you don't even need to get the copy yourself.
Newbie
Nov 29, 2012
2 posts
BOWMANVILLE
If I cross over the border at around 2am Saturday morning and return at around 7pm Saturday (same say) Do I have to let service canada know? Thanks so much
Newbie
Nov 29, 2012
2 posts
ORL
Hi Guys, I'm looking for help with an issue that is causing me a lot of stress.

To give you some background, I worked on a contract from July 2011 to August 2012, after my contract ended, i was not offered a new contract, I claimed EI for 4 weeks, and got a new full time permanent position. I was hired by a new company, with a specific reason, look after one of the associates clients when she left for maternity leave, I was to be trained by her and take over her client base, look after it until she got back from maternity leave, then start building my own client base. It became obvious 2 months in (1 month before her maternity leave) that I was over my head. I was super stressed, Dr. gave me stress medication, it helped initially, but in the end i couldn't cope. I knew my boss was frustrated with me, she talked about me behind my back, sent emails to her secretary etc (which i accidently seen), knowing that she was not happy with my work made me feel like ***** , and even more stressed. I prepared a letter of resignation, put it in an envelope and cleared most personal belongings from my office. I was expecting to be fired any day, and if the stress got to much, I was going to quit before I was pushed. two days later, i came back from lunch, i noticed that important files had been removed from my office, I knew what was going to happen next - "can you we have a word please" i grabbed my resignation letter out of my bag and went to my boss's office. she told me she had concerns about my ability to take over her clients then i said, "look I know whats about to happen, if you want me to resign, i will, and showed her the letter," she didn't take the resignation letter, i put it back in my jacket pocket. she said look, i will pay you 2 weeks salary, i know you have expenses yada yada yada. today i get an email from her saying that I resigned and that this will be indicated on the ROE. THIS SHOCKED ME. She initiated the conversation, payed me severance, AND I WITHDREW my resignation lettter, when she said it didnt matter, + she took the files out of my office that could be used to steal clients etc, when i went back to clear my office.

The day I was fired, i 'reactivated' my ei claim from before, where i only took 4 weeks of my entitlement. I submitted that i was terminated for "inexperience, unsatisfactory work and inaptitude, ( i think those were the terms.

so my questions are :

1) what happens now? my ROE says i quit, I dispute this, i was fired.
2) Will my old claim be reactivated hence, none of the above matters? I was fired 3 months and 4 weeks after stopping my previous claim.

please provide any advice you can, this is causing me a lot of stress, no income and no hope of a job in the mean time.

thank you for taking the time to read this.

many thanks.

J
Deal Fanatic
Nov 21, 2011
8547 posts
1496 upvotes
Edmonton
Mieke33 wrote:
Nov 30th, 2012 3:59 pm
If I cross over the border at around 2am Saturday morning and return at around 7pm Saturday (same say) Do I have to let service canada know? Thanks so much
Nope.. only if it's Monday through Friday
Deal Fanatic
Nov 21, 2011
8547 posts
1496 upvotes
Edmonton
jpbwright wrote:
Nov 30th, 2012 6:42 pm
Hi Guys, I'm looking for help with an issue that is causing me a lot of stress.

To give you some background, I worked on a contract from July 2011 to August 2012, after my contract ended, i was not offered a new contract, I claimed EI for 4 weeks, and got a new full time permanent position. I was hired by a new company, with a specific reason, look after one of the associates clients when she left for maternity leave, I was to be trained by her and take over her client base, look after it until she got back from maternity leave, then start building my own client base. It became obvious 2 months in (1 month before her maternity leave) that I was over my head. I was super stressed, Dr. gave me stress medication, it helped initially, but in the end i couldn't cope. I knew my boss was frustrated with me, she talked about me behind my back, sent emails to her secretary etc (which i accidently seen), knowing that she was not happy with my work made me feel like ***** , and even more stressed. I prepared a letter of resignation, put it in an envelope and cleared most personal belongings from my office. I was expecting to be fired any day, and if the stress got to much, I was going to quit before I was pushed. two days later, i came back from lunch, i noticed that important files had been removed from my office, I knew what was going to happen next - "can you we have a word please" i grabbed my resignation letter out of my bag and went to my boss's office. she told me she had concerns about my ability to take over her clients then i said, "look I know whats about to happen, if you want me to resign, i will, and showed her the letter," she didn't take the resignation letter, i put it back in my jacket pocket. she said look, i will pay you 2 weeks salary, i know you have expenses yada yada yada. today i get an email from her saying that I resigned and that this will be indicated on the ROE. THIS SHOCKED ME. She initiated the conversation, payed me severance, AND I WITHDREW my resignation lettter, when she said it didnt matter, + she took the files out of my office that could be used to steal clients etc, when i went back to clear my office.

The day I was fired, i 'reactivated' my ei claim from before, where i only took 4 weeks of my entitlement. I submitted that i was terminated for "inexperience, unsatisfactory work and inaptitude, ( i think those were the terms.

so my questions are :

1) what happens now? my ROE says i quit, I dispute this, i was fired.
2) Will my old claim be reactivated hence, none of the above matters? I was fired 3 months and 4 weeks after stopping my previous claim.

please provide any advice you can, this is causing me a lot of stress, no income and no hope of a job in the mean time.

thank you for taking the time to read this.

many thanks.

J
Hmmm.. kinda tricky, but didn't you resign by telling her you were resigning? You don't need to provide notice if you're there for less than 3 months (in most provinces). Even if she didn't physically take the letter, you still verbally said you were resigning from what I understand.

Either way, your claim will need to be investigated since you stopped working. An adjudicator will examine all sides of the story and render their decision based on that. If it ends up that you were "fired", your employer would need to show wilful misconduct on your part in order for it to negatively affect your claim. I don't see any wilful misconduct, it was more just a poor fit/lack of experience etc. If you quit, you could argue that you had just cause due to medical issues/stress, but you'd need to exhaust all reasonable alternatives prior to quitting. This would include talking to your boss about the problems, getting a lighter workload, working a different shift or whatever else. It doesn't seem like you did that, so just cause probably wouldn't apply in this case (for regular benefits).

You'll have to reactivate your old claim, but it will be investigated aka "suspended" due to the stoppage of work. My advice to everyone in a position like yours? Let your boss fire you. It's way easier to collect EI if you're fired since the employer needs to show wilful misconduct. If you're just not good at the job, that's not wilful misconduct. Hindsight is 20/20, but it would have been much easier if you didn't take the "No, I'm breaking up with you first" approach. Sorry
Newbie
Nov 29, 2012
2 posts
ORL
clseeam thank you for your response,

during the course of our conversation, during which she leading up to the 'your fired' i told her that if it made things easier, I would resign, i offered my letter, she said no it didnt matter, things hadnt worked out, we tried to be amicable, we shook hands, i cleared out my stuff and left. she knew i was stressed, but under the circumstances, there was nothing that could be done, i was hired for one purpose, and a lighter work load was not possible. does any of this matter

thank you again

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