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EI eligibility during suspension without pay

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  • May 20th, 2021 9:49 am
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[OP]
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Apr 28, 2021
36 posts
21 upvotes

EI eligibility during suspension without pay

I am asking this for a friend. Of course there will be some saying "for a friend", so for those people, it's for me so you can sleep well at night.

Anyway, me or my friend depending on what you want to believe and makes no difference for me, got suspended while pending an investigation. She is employed per hour, meaning getting paid for the hours she signs at work. She got sent home while the investigation happens.

I was doing a quick google search and found this: https://www.canada.ca/en/employment-soc ... nsion.html

So according to EI rules, is she eligible to apply for EI after 7 days? Or no? The Chapt 7 Section 4 is a bit unclear to me.

Thanks
10 replies
Deal Fanatic
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Dec 27, 2009
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I don't believe she is entitled to EI, but I guess she can try?
Deal Fanatic
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Jan 31, 2006
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Did her employer mention why she was suspended?
Deal Fanatic
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Dec 3, 2009
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Too many unknowns here, especially assuming OP is suspended without pay. This needs to be clarified.

Most cases that are investigative suspensions call for pay, therefore, the allegations need to have a lot of grounds to not pay the employee.
Remember to be an RFD-er and NOT a degenerate.
[OP]
Banned
Apr 28, 2021
36 posts
21 upvotes
No Frills wrote: Too many unknowns here, especially assuming OP is suspended without pay. This needs to be clarified.

Most cases that are investigative suspensions call for pay, therefore, the allegations need to have a lot of grounds to not pay the employee.
It's not with pay purely because the work is hour based, not salaried. So normally if you don't work a day, you don't get paid, or if you leave an hour early, no pay for that, etc.

I agree with you, a suspension (investigation) calls for pay as it's the employer choice to pause that employee, but since she is not salaried, but hour based, how would that work? She does have a full time schedule though, so technically, if she wouldn't have been suspended, she would have followed that schedule.

I'm also thinking of suggesting her to contact employment standards, and make a claim with them for this suspended period and demand to be paid. The job is a union job, so not sure how the union gets involved.
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Covrig wrote: It's not with pay purely because the work is hour based, not salaried. So normally if you don't work a day, you don't get paid, or if you leave an hour early, no pay for that, etc.

I agree with you, a suspension (investigation) calls for pay as it's the employer choice to pause that employee, but since she is not salaried, but hour based, how would that work? She does have a full time schedule though, so technically, if she wouldn't have been suspended, she would have followed that schedule.

I'm also thinking of suggesting her to contact employment standards, and make a claim with them for this suspended period and demand to be paid. The job is a union job, so not sure how the union gets involved.
This looks like more assumptions. The union should be contacted FIRST. Not those other entities mentioned. If the union is unaware of this suspension and there is no communication between the employee and the union, this leads to more questions. The union needs to be involved in the process.
Remember to be an RFD-er and NOT a degenerate.
Deal Fanatic
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Dec 27, 2009
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cgtlky wrote: Did her employer mention why she was suspended?
She's being investigated and is suspended without pay -so of course they did. OP just isn't telling us what she did. It is likely a very serious offence.

OP - if this truly isn't you, then you probably haven't been given the full picture. I'd stay out of it.
Deal Addict
Apr 26, 2013
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Chickinvic wrote: She's being investigated and is suspended without pay -so of course they did. OP just isn't telling us what she did. It is likely a very serious offence.

OP - if this truly isn't you, then you probably haven't been given the full picture. I'd stay out of it.
You wouldn't help your friend?

OP as someone else mentioned the union rep is your first step.
Deal Fanatic
Mar 21, 2010
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Covrig wrote: I agree with you, a suspension (investigation) calls for pay as it's the employer choice to pause that employee, but since she is not salaried, but hour based, how would that work? She does have a full time schedule though, so technically, if she wouldn't have been suspended, she would have followed that schedule.
There are circumstances where an employer will continue to pay out for the employee's standard hours but tell them not to work. For example, I was involved in a situation where a truck driver was involved in a fatal accident (other driver rammed the truck apparently in order to commit suicide) and the boss told the driver to stay home until he's worked through the experience and was comfortable to drive again, and in the meantime he would be paid 7.5h/day.

My read of this is that if the employer has not made these arrangements, it's usually deliberate (or the employee is actually a contractor or some other arrangement). If the employee is a FTE, the employer will generally decide whether it is a paid suspension regardless of whether the employee is paid hourly or gets a salary. I agree these are questions the employee should take to the union.

It sounds more serious than is being made out. This is relevant because you generally don't get EI (either while suspended or after termination) if it occurs because of the employee's misconduct (decided by the EI people), and this seems like the way it is heading.
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WMPCOT wrote: You wouldn't help your friend?
No, I wouldn't get involved in it since I don't truly know the situation (assuming it is a friend and not actually OP lol). Employers aren't generally going to conduct an investigation and suspend someone without pay unless they have pretty solid reason.
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Jan 27, 2004
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No Frills wrote: Too many unknowns here, especially assuming OP is suspended without pay. This needs to be clarified.

Most cases that are investigative suspensions call for pay, therefore, the allegations need to have a lot of grounds to not pay the employee.
I remember back in high school, my buddy told his boss to eff off and called his mother a *unt.
So they suspended him for 2 weeks. Didint give him any hours & just put him back on the schedule after 2 weeks were done.
No it wasnt me. It was a friend! I liked my job it was fun... some people get uptight though lol

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