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EI (Employment Insurance) discussion thread

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destroyer2000 wrote:
Apr 10th, 2012 9:55 pm
I have been working for 2 years on a government contract. They cannot renew my full time contract. Can I go on EI and work part time or will I not be eligible as I havent received an ROE

You need to have interruption of earnings (7 days of no work and no pay) to apply. If you worked full time until the end of March, and immediately started working part time hours beginning of April, then you won't be eligible to apply.
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Manatus wrote:
Apr 11th, 2012 12:01 am
What happens if you do not apply for EI immediately after losing your job? E.g. if you apply 1 month after your last pay, do you still have to wait another 2 weeks waiting period? Do you get retroactive EI for the 2 weeks after the waiting period that you would have received if you applied right away?

If you apply within 28 days of losing your job, your claim will start the week immediately after you lost the job. If it's over 28 days, your claim will start on the week when you file the application. Everyone has to serve the 2 week waiting period.
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Oct 10, 2011
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b166er1337 wrote:
Apr 11th, 2012 12:38 am
1) Yes, whenever you reactivate your claim and there are contentious issues on file, they will have to be adjudicated.
2) Your claim will be automatically reactivated, but they could easily slap Disqualification or Disentitlement on file which will make your claim unpayable.

Thanks for the 411 again, YOU RULE!
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b166er1337 wrote:
Apr 11th, 2012 12:45 am
If you apply within 28 days of losing your job, your claim will start the week immediately after you lost the job. If it's over 28 days, your claim will start on the week when you file the application. Everyone has to serve the 2 week waiting period.

So if I apply after 3 weeks, I get EI immediately plus one "back pay" week (3 weeks minus 2 weeks waiting), whereas if I apply after 5 weeks I get no "back pay" plus I have to wait another 2 weeks to get anything? Is that right?
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Manatus wrote:
Apr 11th, 2012 10:33 am
So if I apply after 3 weeks, I get EI immediately plus one "back pay" week (3 weeks minus 2 weeks waiting), whereas if I apply after 5 weeks I get no "back pay" plus I have to wait another 2 weeks to get anything? Is that right?

You don't get EI immediately; it still needs time to be processed. In your example, if you apply on week 3, your claim will start on week 1, and week 1+2 serve as the waiting period and you will get paid from week 3 onward.

And if you apply on week 5, your claim starts on week 5, and you won't get paid until week 7.
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Not sure if this was already mentioned but if you're fired, you can still get EI :D

Many people believe this not to be true.
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glover78 wrote:
Apr 11th, 2012 12:01 pm
Not sure if this was already mentioned but if you're fired, you can still get EI :D

Many people believe this not to be true.

only some of the time.
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Apr 8, 2012
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@B166ER1337

I have a quick question to see if I would be eligible for EI benefits.

Here is the situation that resulted in me resigning from my position.

I was having a meeting with my manager in regards to issues in regards to work performance, and I had indicated to my manager that this position may not be the right for me and I may decide to leave the position in the near future (Please note that were numerous occasions where my manager and supervisor proposed the question for me to think about if this position was for me or not). My manager replied back to me indicating if I wanted to leave now? I had asked if there was some way we could workout a transition period where I could continue work until the end of the month or even further. She indicated that would be not be possible, because she required staff that could do the job. Also she also noted that given my performance issues she would not give a positive recommendation for an extension of my probation (my probation was for 12 months, and I was at my last month in probation) At that point in time I was at a cross roads to either stick it out until my probation ended and I was let go. Or save a bit of face and resign. I ultimately resigned and I was asked to leave ASAP without the option of providing them 2 weeks notice.

Would i have just cause for resigning? Or would i be disqualified?
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Feb 19, 2008
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hi b166er1337:

thanks for starting the thread, didn't think I would need it but just got laid off. A few questions:

1. if company tells me I am terminated on a certain date and gives me a 1 time severance payment, am I still eligible for EI from that termination date? or does it mean I only get EI when I run out of money from that severance payment?

2. if say I get an offer to work for another company but won't start for a few weeks, do I get EI for those weeks that I haven't started working yet?

3. if I travel to another province to find a job, I assume the EI application can be transferred to that province? What if driving through the states is faster, do I just tell them I will drive through the states for a few days and they deduct those days from my EI payments?

thanks in advance for answers.
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onichi wrote:
Apr 11th, 2012 1:13 pm
I ultimately resigned and I was asked to leave ASAP without the option of providing them 2 weeks notice.

Something I've always wondered - if you tender your resignation with a period of notice (e.g. 2 weeks, end of month etc.) and your boss declines it and tells you to leave now, is that considered quitting or being terminated in the eyes of the EI people? Since you initiated it by offering your resignation at some future point, but the terms of your resignation were rejected and you were asked to leave immediately.
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Mar 26, 2006
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Pierrefonds
b166er1337 wrote:
Apr 2nd, 2012 12:13 pm
I will answer question #2 first. Yes, your vacation pay will be allocated for three weeks, and you won't be payable for EI benefits, therefore, it's most advantageous for you to work during these three weeks and earnings during these three weeks will have no impact on your claim. Remember though, if you have earning during the waiting period (week 4 and 5 in your case), all of it will be deducted from your subsequent payments (up to 3 weeks).

Regarding to question #1. Even if you exceed the 40% allowable earnings, some benefits may be payable; it's just all the amount you make over the allowable will be deducted dollar by dollar from your benefits. However, if your weekly earning exceeds your EI rate + 40%, NO benefit will be payable. You don't lose that week.

In your particular case, if you can finish all contracted work before 3 weeks, then you should apply immediately (week 1-3 is not payable, week 4-5 is waiting period, and get paid on week 6). If you still have plenty of work on week 4 and 5, then it's probably best you apply on week 6 (your claim will start on week 6, and week 6+7 will serve as your waiting period and you get paid on week 8). The only risky part here is that you may lose some insurable hours, but if you have well over 1820 hours on ROE, you will be fine.
Thanks so much for the info. I have been sitting on it and now have further questions:

1. So if my weekly earnings from this consulting contract considered self-employment exceeds EI Benefit + 40%, no benefits are payable but I do not lose that week. My benefit period is extended by that one week?

2. If I apply Week 6, then do I lose all 5 weeks of insurance hours? This is considering the 3 weeks of vacation pay or excluding? Or do I only lose insurable hours for Week 4 and 5?

3. Also in terms of losing insurable hours, would I be losing 40 hours per week? Or 35?

4. Why do you say 1820 hours - the agent I spoke with said I need 910 hours to qualify for EI. This is in the Montreal region and my first claim since working 10+yrs.

Thanks once again. This is sooo helpful as the abundance of information is overwhelming to filer through.
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Sep 21, 2004
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onichi wrote:
Apr 11th, 2012 1:13 pm
@B166ER1337

I have a quick question to see if I would be eligible for EI benefits.

Here is the situation that resulted in me resigning from my position.

I was having a meeting with my manager in regards to issues in regards to work performance, and I had indicated to my manager that this position may not be the right for me and I may decide to leave the position in the near future (Please note that were numerous occasions where my manager and supervisor proposed the question for me to think about if this position was for me or not). My manager replied back to me indicating if I wanted to leave now? I had asked if there was some way we could workout a transition period where I could continue work until the end of the month or even further. She indicated that would be not be possible, because she required staff that could do the job. Also she also noted that given my performance issues she would not give a positive recommendation for an extension of my probation (my probation was for 12 months, and I was at my last month in probation) At that point in time I was at a cross roads to either stick it out until my probation ended and I was let go. Or save a bit of face and resign. I ultimately resigned and I was asked to leave ASAP without the option of providing them 2 weeks notice.

Would i have just cause for resigning? Or would i be disqualified?

You both agreed that you were unsuitable for the position, and you will be let go at the end of probation regardless. You were basically presented two options: 1) resign right away 2) stick it out for another month and to be dismissed. The onus of separation is on the employer. Therefore, unless the employer can prove that you were dismissed due to your own misconduct, you won't be disqualified.

This is my own interpretation; another agent may view it differently.
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silentpayne wrote:
Apr 11th, 2012 3:49 pm
hi b166er1337:

thanks for starting the thread, didn't think I would need it but just got laid off. A few questions:

1. if company tells me I am terminated on a certain date and gives me a 1 time severance payment, am I still eligible for EI from that termination date? or does it mean I only get EI when I run out of money from that severance payment?
If you are given 3 month severance pay, your EI will kick in on the 4th month. You still have to apply right away though.
silentpayne wrote:
Apr 11th, 2012 3:49 pm
2. if say I get an offer to work for another company but won't start for a few weeks, do I get EI for those weeks that I haven't started working yet?
Yes, as long as you're in Canada and you're available for work. (wink)
silentpayne wrote:
Apr 11th, 2012 3:49 pm
3. if I travel to another province to find a job, I assume the EI application can be transferred to that province? What if driving through the states is faster, do I just tell them I will drive through the states for a few days and they deduct those days from my EI payments?

You can transfer EI to another province. If just driving though States, you won't be entitled to benefits for the time you're outside of Canada (except for Saturday and Sunday).
[OP]
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Manatus wrote:
Apr 11th, 2012 5:57 pm
Something I've always wondered - if you tender your resignation with a period of notice (e.g. 2 weeks, end of month etc.) and your boss declines it and tells you to leave now, is that considered quitting or being terminated in the eyes of the EI people? Since you initiated it by offering your resignation at some future point, but the terms of your resignation were rejected and you were asked to leave immediately.

I'd say the onus of separation is on the employer. You can tender your resignation and then withdraw it a few days later. In cases like these, it's dismissal.
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phics wrote:
Apr 11th, 2012 11:22 pm
Thanks so much for the info. I have been sitting on it and now have further questions:

1. So if my weekly earnings from this consulting contract considered self-employment exceeds EI Benefit + 40%, no benefits are payable but I do not lose that week. My benefit period is extended by that one week?
You don't get extended, but you don't lose it either. Remember you have 50 weeks to collect your entitlement.
phics wrote:
Apr 11th, 2012 11:22 pm
2. If I apply Week 6, then do I lose all 5 weeks of insurance hours? This is considering the 3 weeks of vacation pay or excluding? Or do I only lose insurable hours for Week 4 and 5?
Yes. You will lose 5 weeks of insurable hours. (roughly 10% of your insurable hours on the ROE)
phics wrote:
Apr 11th, 2012 11:22 pm
3. Also in terms of losing insurable hours, would I be losing 40 hours per week? Or 35?


It's prorated. If you're paid biweekly, and have 2000 insurable hours on the ROE, it will go something like this: 2000hrs/27= 74.07 hours (every two weeks). So your average work week is 37.035 hours.
phics wrote:
Apr 11th, 2012 11:22 pm
4. Why do you say 1820 hours - the agent I spoke with said I need 910 hours to qualify for EI. This is in the Montreal region and my first claim since working 10+yrs.

Thanks once again. This is sooo helpful as the abundance of information is overwhelming to filer through.

1820 is the maximum insurable hours. So whether you work 3000 hours or 1820 hours in the most recent 52 weeks will not make any difference. Let's say you're a workaholic and you apply late, you lose some insurable hours but you still end up more than 1820, thus you won't lose any benefit, even if you apply late.

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