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EI (Employment Insurance) discussion thread

  • Last Updated:
  • Nov 18th, 2017 10:05 pm
Newbie
Jan 12, 2012
19 posts
4 upvotes
EDMONTON
ryuu99 wrote:
Sep 11th, 2017 10:51 am
Hello. I've a question. I heard through the grapevine that my team may have layoffs as soon as this month. Now, I've a total of 20 vacation days left and they are non-convertible to cash.

1) If I were to be laid off (and have my vacation days cashed out), does that mean my EI benefits will be delayed as long as the vacation days payout is part of the last paycheque i'll receive?
2) Is there any way so I can get my vacation payout without delaying my EI benefits?
3) Is it advisable to then not take any vacation days and just delay my EI benefits or just take 'em before my last day?

Thank you and any help is greatly appreciated.
Hello. Can anyone help me here? Thanks..
[OP]
Moderator
User avatar
Sep 21, 2004
8836 posts
2380 upvotes
Calgary
ryuu99 wrote:
Sep 14th, 2017 3:38 pm
Hello. Can anyone help me here? Thanks..
1) yes. Vacation pay count as part of separation monies and will have to be allocated before starting receiving EI payments.
2) no, unless you dont want to get paid for those vacation time.
3) it really makes no difference whether you used up your vacation before the last day worked, or take the cash payout.
Explore. Dream. Discover. - Mark Twain
Newbie
Sep 14, 2017
3 posts
My friend suffers from schizophrenia, he had a psychotic breakdown then lost his job in February, his employer gave him ROE papers (laid off). He never filled a claim for IE because he was in a state of extreme psychosis till last month, police brought him to the hospital, Doctors committed him and held him in the psych ward against his will for 3 weeks. He is doing better now and recovering at home, but is taking powerful anti psychotic medications which cost $350.00 a month (he sleeps 15 hours a day) no energy or motivation yet, they will eventually lower his medication but takes sometime.

He went to Ontario Works they couldn't help him because he lives with his girl friend, OW considers them common law even though his girl friend doesn't make very much money and isn't willing to support him.
ODSP isn't an option because you need to qualify for Ontario Works before applying to ODSP, plus he wants to go back to work.

Apparently he can’t apply for IE because it has to be done with in 30 days of losing your job? Is there anyway around this? He also lost his ROE papers. I could pay for him to get advice from an employment lawyer or would that be a waist of money?

During his psychosis he blew all his life savings, plus maxed out his credit cards. He has no assist, no credit left, no money for food or rent, and no money to fill next months drug prescription.
Jr. Member
Oct 17, 2007
108 posts
298 upvotes
3rd Rock
cancad wrote:
Sep 15th, 2017 1:52 pm
Apparently he can’t apply for IE because it has to be done with in 30 days of losing your job? Is there anyway around this? He also lost his ROE papers. I could pay for him to get advice from an employment lawyer or would that be a waist of money?
Just go to EI office to apply. Medical reason is a valid exception. ROE should have been filed electronically by the employer, the EI office already have that. If not, he could ask the employer for another copy. If he is denied getting benefit, you can file for reconsideration and appeal. Only when you are not confident to file the appeal yourself, maybe then you would consider lawyer.
Newbie
Sep 15, 2017
1 posts
I have a doctor's note saying I can only work max 3 shifts a week. Am I still able to apply for EI?
Deal Addict
Sep 22, 2013
1418 posts
429 upvotes
cancad wrote:
Sep 15th, 2017 1:52 pm
My friend suffers from schizophrenia, he had a psychotic breakdown then lost his job in February, his employer gave him ROE papers (laid off). He never filled a claim for IE because he was in a state of extreme psychosis till last month, police brought him to the hospital, Doctors committed him and held him in the psych ward against his will for 3 weeks. He is doing better now and recovering at home, but is taking powerful anti psychotic medications which cost $350.00 a month (he sleeps 15 hours a day) no energy or motivation yet, they will eventually lower his medication but takes sometime.

He went to Ontario Works they couldn't help him because he lives with his girl friend, OW considers them common law even though his girl friend doesn't make very much money and isn't willing to support him.
ODSP isn't an option because you need to qualify for Ontario Works before applying to ODSP, plus he wants to go back to work.

Apparently he can’t apply for IE because it has to be done with in 30 days of losing your job? Is there anyway around this? He also lost his ROE papers. I could pay for him to get advice from an employment lawyer or would that be a waist of money?

During his psychosis he blew all his life savings, plus maxed out his credit cards. He has no assist, no credit left, no money for food or rent, and no money to fill next months drug prescription.
He can still apply but his claim would start now as opposed to February (unless he files an antedate request and provides a reason why he didn't apply on time that is accepted). Since he is apply now in September, from September 2016 to September 2017 he would need to have 600 hours of work. Since his ROE states laid off he would need a medical note from a doctor indicating he is medically unable to work from xx period to xx period.

He can collect up to 15 weeks of benefits.
Deal Addict
Sep 22, 2013
1418 posts
429 upvotes
FireChick79 wrote:
Sep 16th, 2017 4:01 am
I have a doctor's note saying I can only work max 3 shifts a week. Am I still able to apply for EI?
Did you quit your job? Were you on sick leave and trying to return to work?

There's not enough information on what exactly you're applying for. However, anyone can apply for benefits whenever they want and Service Canada will let you know if your claim will be accepted.
Newbie
Sep 14, 2017
3 posts
Thank you for the info on antedate request. 15 weeks of benefits would be a big help. I'm wondering why they wouldn't allow 52 weeks though ?
Deal Addict
Sep 22, 2013
1418 posts
429 upvotes
cancad wrote:
Sep 16th, 2017 6:35 pm
Thank you for the info on antedate request. 15 weeks of benefits would be a big help. I'm wondering why they wouldn't allow 52 weeks though ?
The maximum number of weeks for sick benefits is 15.
Newbie
Sep 16, 2017
2 posts
Hello.

I had been working full time as a recent graduate on post graduation work permit for 16 months and after my contract ended because the project finished, I returned to my own country and stayed there for 6 months to do my permanent residency application. Then I returned to Canada 3 months ago and started looking for a job.

During all this time I didn't even know Employment Insurance existed. Is it still any chance I can claim EI while I am looking for a job?

Thanks
Newbie
Sep 14, 2017
3 posts
oahu wrote:
Sep 16th, 2017 12:25 am
Just go to EI office to apply. Medical reason is a valid exception. ROE should have been filed electronically by the employer, the EI office already have that. If not, he could ask the employer for another copy. If he is denied getting benefit, you can file for reconsideration and appeal. Only when you are not confident to file the appeal yourself, maybe then you would consider lawyer.
Thank you, Can he explain his situation in person at the EI office? Asking because EI website seems to indicate that if you go in person only thing you can do is use a kiosk computer to file.
Newbie
May 31, 2015
78 posts
17 upvotes
British Columbia
cancad wrote:
Sep 17th, 2017 12:18 pm
Thank you, Can he explain his situation in person at the EI office? Asking because EI website seems to indicate that if you go in person only thing you can do is use a kiosk computer to file.
For the most part the CSOs are not trained to answer specific questions about employment insurance claims. They are considered "generalists" and are there to assist in the completion and intake of applications. They will be able to help him submit his application online if he requires assistance. If he has specific questions, he should call into the call centre.
Newbie
Sep 16, 2017
1 posts
I quit my job after two shifts because my supervisors were using foul language. This made me sick to my stomach.

Someone from EI called and asked me questions and said I don't qualify because I didn't show just cause. I talked to his manager and got him to reopen my case and I told him about the foul language.

Then he called my old supervisor and they said that I told them I quit for medical reasons.

I didn't want to say anything because I don't like confrontation. I've been paying into the system for 30 years. How can I still get EI? It was only that one job. What am I supposed to tell the guy working on my file?
Deal Addict
Sep 22, 2013
1418 posts
429 upvotes
Lynn324 wrote:
Sep 17th, 2017 12:55 pm
I quit my job after two shifts because my supervisors were using foul language. This made me sick to my stomach.

Someone from EI called and asked me questions and said I don't qualify because I didn't show just cause. I talked to his manager and got him to reopen my case and I told him about the foul language.

Then he called my old supervisor and they said that I told them I quit for medical reasons.

I didn't want to say anything because I don't like confrontation. I've been paying into the system for 30 years. How can I still get EI? It was only that one job. What am I supposed to tell the guy working on my file?
It doesn't matter how long you were paying into the system. That's like saying I've paid car insurance for twenty years so Allstate owes me a new car because mine broke down! It doesn't really work that way.

It's unfortunate that you were working in an environment that was more crude or hostile than you were expecting but you did not have just cause in quitting after two shifts and not trying to remedy the situation.

Swearing is not illegal nor does it put you in any kind of health risk. The only scenario which main pertain to your situation is being in an antagonist environment with your supervisor. However, again, noting you were only there for two shifts and never spoke to anyone about your concerns, if called on the matter, your employer would likely have no clue what you were talking about and would inform EI as such (if requested). I've outlined the speaking points on the topic below as per the relevant policy (closest I could fine as your situation doesn't pertain to the other options). You could always appeal any decision but it would be unlikely for the decision to go your way (but not impossible I suppose). Good luck.

6.5.11 Antagonistic relations between an employee and a supervisor:

In every workplace there is conflict between employees and their supervisors: the employee does not perform his or her duties to the supervisor's liking, the person is frequently late, the supervisor is too demanding, the employee and supervisor see things differently or there is a personality conflict.

In some isolated instances, the situation may well be serious enough to constitute just cause for voluntarily leaving, as might be the case if an employer made unfair comments about an employee to co-workers or cast doubt on his or her honesty.

Occasional friction, animosity or conflict is certainly not going to improve the work atmosphere, but these situations do not in themselves constitute just cause for leaving employment. If each person makes a reasonable effort to accommodate differences and find a common ground, the situation should not degenerate into constant or irresolvable conflict.

A reasonable alternative before quitting could include reporting the situation to a higher level, request a transfer, contact the union, and look for other work before quitting. If there are no reasonable alternatives or the reasonable alternative fails, a person certainly has just cause for leaving the employment. No one should have to indefinitely endure an intolerable work atmosphere or regular conflict created by superiors.

A claimant would not have just cause, however, if they were largely responsible for the conflict and had ultimately aggravated the situation.

Reasonable alternatives to quitting:

report the situation to a higher level;
request a transfer;
contact the union;
use the provisions in the collective agreement;
look for another job.

Just cause (in quitting):

indications of constructive dismissal;
situation recurs regularly, not occasionally;
the person himself or herself has not aggravated the situation;
no reasonable alternative but to leave, even without another job;
existing reasonable alternatives failed to remedy the situation.

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