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EI (Employment Insurance) discussion thread

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Newbie
May 18, 2006
78 posts
i'm not sure if this is where to ask... but i'm getting laid off in a week or so... i don't want to go on EI but i will have to.... i want to start my own company... what will EI do to help me?? i'm in carpentry field... small town.... or i hear that EI would retrain someone/? whats available is all i'm asking... thanks
[OP]
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User avatar
Sep 21, 2004
9594 posts
3332 upvotes
Calgary
evil812 wrote:
Dec 15th, 2012 9:26 pm
i'm not sure if this is where to ask... but i'm getting laid off in a week or so... i don't want to go on EI but i will have to.... i want to start my own company... what will EI do to help me?? i'm in carpentry field... small town.... or i hear that EI would retrain someone/? whats available is all i'm asking... thanks
No. EI is meant to assist you while you look for another job, not to provide subsidy for your company.

However, you can look up some provincial programs that provide funding assist (on top of EI) to recently laid off workers.
Explore. Dream. Discover. - Mark Twain
Newbie
Dec 14, 2012
5 posts
clseea wrote:
Dec 15th, 2012 8:36 pm
I'd appeal to the umpire. I'm not sure why you'd request to cancel the reactivation? If you are disqualified you're disqualified. I'd really push the point that you need to be the legal representative. That's a tough thing to do when you're 4000 km away.
One last question on this. In the decision, it states:

The only grounds of appeal to the Umpire are that:

a) the Board of Referees failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
b) the Board of Referees erred in law in making its decision or order, whether or not the error appears on the face of the record; or
c) the Board of Referees based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

What grounds would the Claimant base his appeal to the Umpire?
Deal Fanatic
Nov 21, 2011
8467 posts
1469 upvotes
Edmonton
adanaca56 wrote:
Dec 15th, 2012 9:06 pm
By cancelling the reactivation, he would just accept the lost 8 weeks EI benefits he would have received. With the leave of absence suggested, the Claimant wouldn't have been paid either.

Then, if he was laid off in the future from his present job, he could use his lack of housing in Calgary as just cause for leaving his Calgary job and relocating to the Maritimes, where he did have a place to live. (Of course, EI could probably suggest he live at the Calgary YMCA or a homeless shelter - joking... kind of).

Maybe I'm wrong, but it seems that his being honest about his father's illness as being the reason for heading to the Maritimes is asking for compassion in a system that has none. His lack of housing contributed to the decision he made, but that wasn't even looked at by the Board of Referees in their decision.

I am going to suggest to him to ask his local MP to have a look at the Board of Referee's decision, for his opinion whether a further appeal has any chance of success.

Thanks for the input - much appreciated!
But the claimaint quit and didn't ask for a leave of absence prior to quitting. So are you asking if everything can be reset to the point prior to quitting, then go ask for a leave of absence, have it granted, take the leave, not get paid for the 8 weeks, then come back to Calgary and resume working?

Unfortunately, being honest sometimes screws you over.
Deal Fanatic
Nov 21, 2011
8467 posts
1469 upvotes
Edmonton
adanaca56 wrote:
Dec 15th, 2012 10:09 pm
One last question on this. In the decision, it states:

The only grounds of appeal to the Umpire are that:

a) the Board of Referees failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
b) the Board of Referees erred in law in making its decision or order, whether or not the error appears on the face of the record; or
c) the Board of Referees based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

What grounds would the Claimant base his appeal to the Umpire?
I thought about this one a bit more, and I'm kind of swaying back and forth. The claimant might be able to show just cause if his father needs his continued presence. But if the father is in a nursing home (or whatever it is), does the son need to be there? If the son needs to be there to provide care, how is he showing he's available for full time employment?

I'm sure the jurisprudence library has some precedents with this type of situation, but it's going to be tough for the claimant to show he NEEDED to quit to care for his father and also show he's available for full time work. The Board of Referees is basically saying the claimant made a choice to quit, so you'd have to find some precedent that supports "b) the Board of Referees erred in law in making its decision or order, whether or not the error appears on the face of the record". I'm not promising anything by any stretch, but that's my take on it.
Newbie
Dec 14, 2012
5 posts
I had a look last night at the jurisprudence and in all successfully appealed cases, the Claimant had to be providing hands on care with the sick relative. So not much there to base an appeal on.

And, as you pointed out, how can you provide hands on care yet still be considered "available to work"??

Yes, I guess I was hoping the Claimant could "erase the slate" by cancelling the reactivation request. But I guess that is like trying to put the genie back in the bottle. He does not plan to return to Calgary at this time, as he is now 3 weeks into the new construction job and the project is expected to last at least a year. He will take care of visiting the nursing homes for his father's placement on the weekend when he is off work. He has a place to live. Things have all worked out for him, except EI would have helped him financially to get through those 8 weeks while he was looking for work in the Maritimes.

I think just accepting the Board of Referees decision is the way to go.

The loss of all those hard earned hours he did in Calgary is the part that frankly sucks.

Thanks again for the insight!
Newbie
Oct 2, 2011
20 posts
Hi, I have the following situation

I was out of job for two months and I am currently collecting regular benefits. I might have a job starting next Month. But I also found out I need to do certain non-emergency surgery and the recovery time is 2 months.

1. I read the service ontario page and it seems that if I do surgery before starting another job I could just change from regular to sick benefit, but then I lose this job opportunity. Otherwise if I start working in Jan then I have to work over 600 insurable hours on the new job before I can do surgery and claim sickness EI. Is this correct?

say the answer is yes and I work 600 hours before I leave work and do the surgery.

2. Can I claim sickness EI if employer won't keep my job and I have to quit my job to have the surgery?

3. If the employer allow me to take unpaid leave of absence and keep the job for me, can I claim sickness EI?

4. Does it have to be an emergency surgery for me to get EI? It is an optional surgery
Thanks in advance
Deal Fanatic
Nov 21, 2011
8467 posts
1469 upvotes
Edmonton
luchengmj wrote:
Dec 16th, 2012 9:56 pm
Hi, I have the following situation

I was out of job for two months and I am currently collecting regular benefits. I might have a job starting next Month. But I also found out I need to do certain non-emergency surgery and the recovery time is 2 months.

1. I read the service ontario page and it seems that if I do surgery before starting another job I could just change from regular to sick benefit, but then I lose this job opportunity. Otherwise if I start working in Jan then I have to work over 600 insurable hours on the new job before I can do surgery and claim sickness EI. Is this correct?

say the answer is yes and I work 600 hours before I leave work and do the surgery.

2. Can I claim sickness EI if employer won't keep my job and I have to quit my job to have the surgery?

3. If the employer allow me to take unpaid leave of absence and keep the job for me, can I claim sickness EI?

4. Does it have to be an emergency surgery for me to get EI? It is an optional surgery
Thanks in advance
1) You wouldn't need to re-qualify for a new claim to collect sick benefits, provided your sick benefits fall within the 52 week benefit period you currently have established. You already have a claim established.

2) Yes, provided you have medical documentation.

3) Yes

4) Doesn't matter, as long as you have medical documentation.

If you take the new job, your current claim basically pauses until you need it again (again, within that 52 week benefit period). If you need to collect EI because you get laid off or need sick benefits etc, you simply re-activate your claim. If you need sick benefits, it needs to be converted to sick. Anyone can convert their claim to sick benefits if they've already established a claim (typically with documentation). You don't need to work an extra 600 hours to claim sick, unless you've used up all of your entitlement or your benefit period is finished.
[OP]
Moderator
User avatar
Sep 21, 2004
9594 posts
3332 upvotes
Calgary
luchengmj wrote:
Dec 16th, 2012 9:56 pm
Hi, I have the following situation

I was out of job for two months and I am currently collecting regular benefits. I might have a job starting next Month. But I also found out I need to do certain non-emergency surgery and the recovery time is 2 months.

1. I read the service ontario page and it seems that if I do surgery before starting another job I could just change from regular to sick benefit, but then I lose this job opportunity. Otherwise if I start working in Jan then I have to work over 600 insurable hours on the new job before I can do surgery and claim sickness EI. Is this correct?

say the answer is yes and I work 600 hours before I leave work and do the surgery.

2. Can I claim sickness EI if employer won't keep my job and I have to quit my job to have the surgery?

3. If the employer allow me to take unpaid leave of absence and keep the job for me, can I claim sickness EI?

4. Does it have to be an emergency surgery for me to get EI? It is an optional surgery
Thanks in advance
1) You don't have to work 600 hours to get on sickness benefits. Your existing regular benefits can be switched to sickness benefits; all you need is medical documentation. When you start a full time job, your claim will become inactive, not terminated. You can theoretically work 1 hour at new job job, then call in to reactivate a regular/sickness claim.

2) Yes, as long as you have proper medical documentation.

3) Yes, this would probably be the most ideal for you.

4) No. But you need medical documentation that you won't be able to work due to the surgery etc...


Edit. F@#K I was one minute too slow. :twisted:
Explore. Dream. Discover. - Mark Twain
Newbie
Dec 16, 2012
1 posts
Edmonton
Good Morning! :) i have a question! so my mother went on compassionate care! she was on there for 3 weeks. she served her 2 week waiting period and only received one payment, and than came home to go back to work, since my grandfather showed signs of getting better. I found out he passed away! :( my mom is so distraught! there is no way she can work. she has no vacation or no sick leave left at work. her doctor gave her a note saying she cant work due to illness (stress leave) can she apply for sickness benifts now? she ended her claim at the end of november! Thanks for your help!
[OP]
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User avatar
Sep 21, 2004
9594 posts
3332 upvotes
Calgary
sexystarz669 wrote:
Dec 17th, 2012 9:32 am
Good Morning! :) i have a question! so my mother went on compassionate care! she was on there for 3 weeks. she served her 2 week waiting period and only received one payment, and than came home to go back to work, since my grandfather showed signs of getting better. I found out he passed away! :( my mom is so distraught! there is no way she can work. she has no vacation or no sick leave left at work. her doctor gave her a note saying she cant work due to illness (stress leave) can she apply for sickness benifts now? she ended her claim at the end of november! Thanks for your help!
Yes she can apply for sickness benefit.
Explore. Dream. Discover. - Mark Twain
Jr. Member
Jan 13, 2007
149 posts
2 upvotes
Waterloo
EI reporting is early this time because of the holdays

(Tonight at 7pm..) Does this mean if we file now we can receive the payment by end of the week?
Newbie
Oct 2, 2011
20 posts
Thanks so much clseea and b166er1337, you guys rock. And your answers are so consistent.
Newbie
Oct 29, 2006
12 posts
I will be starting work as an independent subcontractor around 1st March, and the agency wants me to submit invoice at end of the month, and they will pay me not later than 35 days after I invoice. Does my EI payment stop as soon as I start work even though I won't receive payment for 6 to 9 weeks after I start work? If it does stop, is there any transitional payment until I get paid?... even if I have to pay it back to the government it will help until my first payment is received.
Deal Addict
May 28, 2005
2051 posts
144 upvotes
djenkins6 wrote:
Dec 17th, 2012 1:58 pm
I will be starting work as an independent subcontractor around 1st March, and the agency wants me to submit invoice at end of the month, and they will pay me not later than 35 days after I invoice. Does my EI payment stop as soon as I start work even though I won't receive payment for 6 to 9 weeks after I start work? If it does stop, is there any transitional payment until I get paid?... even if I have to pay it back to the government it will help until my first payment is received.
Yes you're EI stops as soon as you start full time work. You'll get paid up to the day you start working full time. There are no transitional payments. It doesn't matter when you recieve your payments from your employer. You can't get paid for the same period/days from EI and the Employer. But yes monthly payments from your employer sucks. Also if you don't report your earnings - you'll have an overpayment plus a possible penalty on top.

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