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Employment Insurance Voluntarily Leaving while on EI

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  • Dec 7th, 2017 11:25 am
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[OP]
Newbie
Apr 21, 2016
8 posts

Employment Insurance Voluntarily Leaving while on EI

I'm currently on EI, first time EVER in my 35 year working life, and am working at a job that I gave notice (been there 5 weeks), was on a 6 month probation and it just wasn't suitable for a variety of reasons one being the position was paying 59% of my previous earnings, and per my claimant category as a long tenured worker can be looking at 90% and 80% respectively after 18 weeks of collection (currently at 17 weeks) on your “Suitable employment and reasonable job search efforts” – “working conditions/wages.

While I'm searching for a permanent position I am also taking steps to start my own business. I can also provide a full list of my job applications from March 2015 to current date of employment with present employer (March 21/16) if EI ask.

My question is, since I quit this underpaying role, would this be an allowable "just cause" to keep receiving my EI benefit? I realize there is always a probationary period between an employer and employee and they can let you go BUT what about the reverse AND the employee just doesn't find the role within a Company a good fit? I did find a case where this was allowable by EI:

Trial Employment Period
CUB 15680 Umpire Decision - The claimant had tried an employment for three days before she realized that it was not suitable. The Umpire is quoted as saying:
"This umpire, with some time to reflect, now proposes to express a rigid rule of universal application. It is this. A claimant seeking suitable employment is, after a short time (not defined) of trying out the offered job, just as entitled to raise just cause for voluntarily leaving if it be not suitable employment, as the claimant who refuses the job because it is not suitable employment is entitled to raise good cause for refusal. A bench-mark for a reasonable time (not defined) would be about one month in the new job to get to know it thoroughly, for usually after about one month the claimant as employee would appear to be waiving any and all objections to the employment's suitability and would in fairness be estopped - or simply not permitted - to quit voluntarily without some independently demonstrable "just cause"."
The appeal was allowed.
Claimant: Jennifer M. Sicoli
Date: 1988

Would love to hear anyone's experience and knowledge so I'm a bit more prepared in case EI decide to stop my benefits.

Cheers,
19 replies
Newbie
Dec 13, 2015
38 posts
8 upvotes
I think a better cause would be that you are starting your own business :

http://www.esdc.gc.ca/en/reports/ei/dig ... age#astart

"Reason No. 27: To Start a business or to become self-employed in a near future

Raison d'être:
•permit a person to take more suitable employment;

Reference:
•EIA 29(c)(vi);

Reasonable alternative:
•try to withdraw the resignation or get the old job back;

Just cause:
•genuine promise of other employment in the immediate future;
•not obtained for reasons beyond the person's control;
•new employment would not have created an unemployment situation (full-time vs part-time or on-call, permanent vs temporary);
•searching for or obtaining new employment after leaving is not sufficient.
"

But there's always that reasonable argument, especially in this economy where you had a paying job, of why didn't you just stick out this underpaying job while searching for a better position?
Deal Fanatic
Nov 21, 2011
7818 posts
1255 upvotes
Edmonton
Good luck. You accepted the position knowing the pay. While you may not have found the work to be "suitable", what reasonable alternatives to quitting did you exhaust prior to actually quitting?

Further, if your goal is to pursue self employment you're going to have a difficult time proving your availability for insurable employment.
[OP]
Newbie
Apr 21, 2016
8 posts
Thanks for that I did do my research and read that information on starting a business as well. I was, and still am, continuing to look for work since accepting the position.

I was more curious to see if anyone had gone through a scenario like mine and what their experience with EI was like, were they able to remain on their benefit or been cut off. Appreciate the feedback.
[OP]
Newbie
Apr 21, 2016
8 posts
Yes and I realized that after the fact and in hindsight wouldn't have accepted it now but I did speak with my current supervisor about my feelings towards the position a couple weeks after accepting and did advise her that I wanted to pursue other positions within the Company. Ironically a position came up the day after I resigned and did reach out to HR to see if I could apply still which I did after getting the ok.

As to the other comment, this is also what I found regarding self employment so I don't believe it would be difficult at all proving my availability as I'm not spending 24/7 on getting my service business off the ground.

Starting Business
CUB 51500 - The claimant is appealing the decision that he was not able to receive benefits because he was operating his own business and therefore was not unemployed. The claimant argued that he should not have been disqualified from receiving benefits because he was attempting to start his own business. He had hoped that the business would become his main occupation and livelihood but it never happened. The claimant stated that he had always been on call with a part time employer but there had been very little work. The claimant maintains that he was always available and would take any job that had come his way. The Commission put great emphasis on the six relevant factors, found in Section 30(3) of the Regulations that determine if a person's self-employment was minor in extent. In relation to this it is important to consider subsection (2), it is here that it states the relevance of the minor extent of the claimant's involvement. When looking at the six factors it is important to keep in mind the “principle means of livelihood" factor. The Board found the claimant's involvement was not major in time to the extent that would deny him benefits, the claimant had also remained available and open to any kind of work. The appeal was allowed.
Appellant: Howard Richard Byard

As I said in my reply to the other poster, I'm more curious to see if anyone has gone through this experience already and been able to remain on EI or had pushback.

Appreciate the feedback though.
Deal Addict
Feb 18, 2016
1268 posts
344 upvotes
How come you're working and collecting EI?
Deal Addict
Sep 22, 2013
1456 posts
447 upvotes
clseea wrote:
May 1st, 2016 12:44 am
Good luck. You accepted the position knowing the pay. While you may not have found the work to be "suitable", what reasonable alternatives to quitting did you exhaust prior to actually quitting?

Further, if your goal is to pursue self employment you're going to have a difficult time proving your availability for insurable employment.
Agreed. You don't have just cause in quitting your position and would not qualify for benefits. Unfortunately you accepted the position and were fully aware of the hours and wages prior to accepting it.
[OP]
Newbie
Apr 21, 2016
8 posts
You can keep your claim open as long as you report any earnings made while working, which I do. If you're ever sick, which I was, EI paid me for those sick days while my job didn't. All earnings I have claimed, during the 5 weeks I've been there and EI just extend the weeks on your claim when they don't pay you.
Deal Fanatic
Nov 21, 2011
7818 posts
1255 upvotes
Edmonton
misshappygolucky wrote:
May 2nd, 2016 12:38 am
You can keep your claim open as long as you report any earnings made while working, which I do. If you're ever sick, which I was, EI paid me for those sick days while my job didn't. All earnings I have claimed, during the 5 weeks I've been there and EI just extend the weeks on your claim when they don't pay you.


They don't extend your claim when you work. You also should have reported full time work if you were working full time.
[OP]
Newbie
Apr 21, 2016
8 posts
clseea wrote:
May 2nd, 2016 1:51 am
They don't extend your claim when you work. You also should have reported full time work if you were working full time.
I didn't say the claim was extended I said the weeks meaning if I didn't receive any monies from ei for the week I earned monies from working then your weeks of entitlement won't decrease. Sorry that wasn't too clear in my earlier post. As my past 2 weeks I only received one weeks worth of claim due to sickness and my weeks remaining only decreased by 1 week as well.

I spoke with an agent at Service Canada when I got the job and they told me I didn't have to say I started full time work as long as I claimed all my earnings which I am. If the job didn't work out, regardless of any reason, then I'm not waiting for any money.

I'm going to contact them this week for further clarification on the quitting and starting a business as well as quitting while on probation as its best to hear from the "horses mouth" as every persons issue is unique. It's not all black or white, especially after reading all their info on the SC website.
Deal Addict
Sep 22, 2013
1456 posts
447 upvotes
misshappygolucky wrote:
May 2nd, 2016 2:43 am
I didn't say the claim was extended I said the weeks meaning if I didn't receive any monies from ei for the week I earned monies from working then your weeks of entitlement won't decrease. Sorry that wasn't too clear in my earlier post. As my past 2 weeks I only received one weeks worth of claim due to sickness and my weeks remaining only decreased by 1 week as well.

I spoke with an agent at Service Canada when I got the job and they told me I didn't have to say I started full time work as long as I claimed all my earnings which I am. If the job didn't work out, regardless of any reason, then I'm not waiting for any money.

I'm going to contact them this week for further clarification on the quitting and starting a business as well as quitting while on probation as its best to hear from the "horses mouth" as every persons issue is unique. It's not all black or white, especially after reading all their info on the SC website.
FYI for EI questions there is a very large thread that's a sticky at the top of the careers forum. Some of people answering your questions here have previously been employed with Service Canada working in the EI program if you're wondering about 'hearing it from the horses mouth'.
Moderator
User avatar
Sep 21, 2004
8864 posts
2397 upvotes
Calgary
misshappygolucky wrote:
May 2nd, 2016 2:43 am

I spoke with an agent at Service Canada when I got the job and they told me I didn't have to say I started full time work as long as I claimed all my earnings which I am. If the job didn't work out, regardless of any reason, then I'm not waiting for any money.
This is incorrect. If you quit without just cause your claim will be disqualified and you won't receive any additional benefits. The front counter agent you talked to is likely not trained in contentious issues.
misshappygolucky wrote:
May 2nd, 2016 2:43 am
I'm going to contact them this week for further clarification on the quitting and starting a business as well as quitting while on probation as its best to hear from the "horses mouth" as every persons issue is unique. It's not all black or white, especially after reading all their info on the SC website.
Quitting to start your own business is just cause, but you won't qualify for EI unless your business fail completely and you decide to look for other jobs instead. EI is not a venture capital to fund your start up.
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