EI (Employment Insurance) discussion thread

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Oct 27th, 2011 10:38 am

belcan15: Jr. Member; Jun 14, 2004; 174 posts; 56 upvotes

Oct 27th, 2011 10:38 am

hey,

im sure many have gone thru this situation but wanted to reassure my self by asking again :-)

Ive been working with my company in kitchener for five years. Just got recently married. never lived together with my wife. Wife recently got a job in the federal government in ottawa. She tried to get a transfer to kitchener and applied for new jobs here, no luck.

We have decided I am going to voluntarily leave my current job ( in the private sector) and move to ottawa. my company donesnt have any branches on ottawa and obviously i cannot commute.

Reason for my leaving : Government career > Private sector Career

Can i apply for Ei and get benefits while i look for a new job there? Does this justify as Just cause ? this is the excerpt from the service canada website

'Individuals who are married or in a common-law relationship sometimes have to move when one of them is transferred or obtains employment in another place, requiring the other person to leave their job. In these cases, it must be determined whether the person had other reasonable alternatives, such as requesting a transfer or commuting between the new place of residence and the work site that might have made it possible for them to keep their job.'

http://www.servicecanada.gc.ca/eng/ei/d ... tml#a6_5_3

Any advice for me? :-)

Oct 27th, 2011 10:44 am

b166er1337 [OP]: Moderator; Sep 21, 2004; 11174 posts; 6315 upvotes; Calgary

Oct 27th, 2011 10:44 am

belcan15 wrote: ↑
Can i apply for Ei and get benefits while i look for a new job there? Does this justify as Just cause ? this is the excerpt from the service canada website

'Individuals who are married or in a common-law relationship sometimes have to move when one of them is transferred or obtains employment in another place, requiring the other person to leave their job. In these cases, it must be determined whether the person had other reasonable alternatives, such as requesting a transfer or commuting between the new place of residence and the work site that might have made it possible for them to keep their job.'

http://www.servicecanada.gc.ca/eng/ei/d ... tml#a6_5_3

Any advice for me? :-)

Yap, it's actually a level one decision. As long as you have exhausted all reasonable alternatives (requesting a transfer - not feasible; commuting - unlikely), your VL will be allowed. Congratulations on getting married.

Oct 27th, 2011 10:47 am

b166er1337 [OP]: Moderator; Sep 21, 2004; 11174 posts; 6315 upvotes; Calgary

Oct 27th, 2011 10:47 am

Here is a news article for those who are interested:

NDP unveil 'shocking' stats that reveal EI service delays:
http://goo.gl/JQgEk

[QUOTE]Internal call data documents suggest nearly one-quarter of calls for employment insurance were abandoned in September because callers couldn't reach an agent.

Meanwhile, in places such as Winnipeg and Vancouver, one in three calls were abandoned. Furthermore, in the last week of September, half of all Canada Pension Plan and Old Age Security callers got a busy signal.[/QUOTE]

Of course, this level of service is unacceptable in the private sector, why is it acceptable to the Conservatives?

Oct 27th, 2011 11:34 am

clipz: Member; May 14, 2006; 430 posts; 28 upvotes

Oct 27th, 2011 11:34 am

Hey OP, I had a seasonal job which just ended i only banked 600 hours am I still eligible?

+1

Oct 27th, 2011 11:52 am

ClubberLang: Deal Addict; Mar 25, 2005; 2457 posts; 19 upvotes

Oct 27th, 2011 11:52 am

b166er1337 wrote: ↑As a formal Service Canada Payment Service Officer and Benefits Officer of several years, I know pretty much about everything regarding Regular EI Benefits. Since there are numerous EI-related threads on RFD, I feel there should be a centralized thread to discuss all things EI related. Feel free to ask about Special Benefits as well; I will do my best to answer all questions.

Of course, questions about how to cheat the system will be ignored. Ask away.

Useful links for EI Benefits:
1) EI Digest: http://www.servicecanada.gc.ca/eng/ei/d ... ents.shtml
2) Appeal decisions favorable to claimants: http://www.ae-ei.gc.ca/eng/board/favour ... _toc.shtml
3) Jurisprudence Index: http://srv130.services.gc.ca/indexjuris ... /case.aspx

update 1: all the links and information provided can be found on Service Canada website and they are publicly accessible.

update 2: links updated

I am sure your intentions are well , but presenting yourself as an employee of the Comission and offering informal advice over the internet is a possible contravention of Values and Ethics Guidelines. Please think about it.

Oct 27th, 2011 12:14 pm

theguyz: Deal Addict; Dec 12, 2006; 4354 posts; 578 upvotes; Messed Up Area

Oct 27th, 2011 12:14 pm

clipz wrote: ↑Hey OP, I had a seasonal job which just ended i only banked 600 hours am I still eligible?

Its all dependant on your area's unemployment rate and if 1st time on ei..... 1st time you require 900 + hours....then the next is calculated by your area's unemployment rate, my area requires 560 hours.....

Mind you the less hours you have the less time you have towards entitlement but think minumum is 18 weeks???? The more hours = longer length to max.

+1

Oct 27th, 2011 12:16 pm

AngryAccountant: Newbie; Oct 25, 2009; 66 posts; 2 upvotes; Edmonton, AB

Oct 27th, 2011 12:16 pm

Why someone would solicit advice on this topic from an anonymous poster on a message board is beyond me.

Oct 27th, 2011 12:41 pm

b166er1337 [OP]: Moderator; Sep 21, 2004; 11174 posts; 6315 upvotes; Calgary

Oct 27th, 2011 12:41 pm

AngryAccountant wrote: ↑Why someone would solicit advice on this topic from an anonymous poster on a message board is beyond me.

Maybe because they couldn't get through the call centre to reach an agent?

Oct 27th, 2011 6:07 pm

lithium_09: Newbie; Dec 24, 2010; 14 posts

Oct 27th, 2011 6:07 pm

I will be leaving my job to go back to school for a year after working full time for 4 years. Since I can't demonstrate that I'm able to work, I assume I can't receive EI benefits while in school. However, when I graduate, I may not have a job right away. Am I eligible for EI in the time period after I graduate but before I secure my new job?

Oct 27th, 2011 7:17 pm

b166er1337 [OP]: Moderator; Sep 21, 2004; 11174 posts; 6315 upvotes; Calgary

Oct 27th, 2011 7:17 pm

lithium_09 wrote: ↑I will be leaving my job to go back to school for a year after working full time for 4 years. Since I can't demonstrate that I'm able to work, I assume I can't receive EI benefits while in school. However, when I graduate, I may not have a job right away. Am I eligible for EI in the time period after I graduate but before I secure my new job?

Nope, quitting to attend school is a personal choice, so there is no just cause. And don't try to lie, people have been caught and they have to pay back all benefits plus penalties.

Besides, when you apply after graduating, you will have 0 insurable hours in the most recent 52 weeks, so a claim will not be established in the first place.

+2

Oct 27th, 2011 8:25 pm

ASM216: Newbie; Oct 26, 2011; 2 posts; AJAX

Oct 27th, 2011 8:25 pm

hello there,

Had a quick question. I worked at one job for almost 1 year, but i quit because I found another job which paid a little better. The new job I worked at for only 1 month because I quit. The reason being is I felt overwhelmed by the job (i felt it was too much work and that i wasnt capable of doing the job). It has been 2 weeks now that I have been at home unemployed. Would I qualify for EI benefits if i applied?

Oct 27th, 2011 10:53 pm

b166er1337 [OP]: Moderator; Sep 21, 2004; 11174 posts; 6315 upvotes; Calgary

Oct 27th, 2011 10:53 pm

ASM216 wrote: ↑hello there,

Had a quick question. I worked at one job for almost 1 year, but i quit because I found another job which paid a little better. The new job I worked at for only 1 month because I quit. The reason being is I felt overwhelmed by the job (i felt it was too much work and that i wasnt capable of doing the job). It has been 2 weeks now that I have been at home unemployed. Would I qualify for EI benefits if i applied?

Unlikely.
Unless your health is negatively affected and your doctor recommended you to quit, your voluntary leaving has no just cause. Simply being unsatisfied with a job does not constitue just cause.

Oct 27th, 2011 10:59 pm

billymadison: Sr. Member; May 6, 2006; 505 posts; 21 upvotes

Oct 27th, 2011 10:59 pm

b166er1337 wrote: ↑As a formal Service Canada Payment Service Officer and Benefits Officer of several years, I know pretty much about everything regarding Regular EI Benefits. Since there are numerous EI-related threads on RFD, I feel there should be a centralized thread to discuss all things EI related. Feel free to ask about Special Benefits as well; I will do my best to answer all questions.

Of course, questions about how to cheat the system will be ignored. Ask away.

Useful links for EI Benefits:
1) EI Digest: http://www.servicecanada.gc.ca/eng/ei/d ... ents.shtml
2) Appeal decisions favorable to claimants: http://www.ae-ei.gc.ca/eng/board/favour ... _toc.shtml
3) Jurisprudence Index: http://srv130.services.gc.ca/indexjuris ... /case.aspx

update 1: all the links and information provided can be found on Service Canada website and they are publicly accessible.

update 2: links updated

I appreciate you taking the time to help people here! I've posted a question on traveling with EI here (see below). Could you have a look? It's the last post..

travelling-while-ei-752157/6/

Oct 27th, 2011 11:00 pm

b166er1337 [OP]: Moderator; Sep 21, 2004; 11174 posts; 6315 upvotes; Calgary

Oct 27th, 2011 11:00 pm

billymadison wrote: ↑Stumbled upon this thread and am hoping for some advice.

My spouse went on a medical leave of absence from work due to severe stress and depression (diagnosed by her family doctor). Prior to diagnosis, we had booked our ANNUAL trip to visit family in Europe. A month later (after booking our trip), she went on medical leave and filed for EI (under medical/illness - supported by her doctor).

The Government found out she left the country while collecting EI and they sent a letter requesting she respond to a series of questions (why did you leave the country, for what purpose, why didn't you say anything, etc).

The problem with the current EI reporting system is that it is tailored completely for those who file for EI after being laid-off or fired -- not for medical reasons. If you are sick or not well, you shouldn't be 'looking for work' so leaving the country is meaningless. She took that trip as an opportunity to seek reprieve from the stress of her job and, with the help of family, hopefully overcome her depression. Her doctor even recommended she do this!

Anyone have experience with this sort of situation? We are putting a letter together now (along with printed records of ticket purchase date, etc, proving the ticket was booked well before she ever filed for EI). She thought she only had to report if she left the country if she was laid-off or fired (not medical reasons).

If anyone has advice, it would be greatly appreciated

Please refer to Digest 11.6.3 and 11.3.0:
http://www.servicecanada.gc.ca/eng/ei/d ... ml#a11_6_3
http://www.servicecanada.gc.ca/eng/ei/d ... ml#a11_3_0

The Act leaves no room for other circumstances that could occur where a person might, for personal reasons or on the recommendation of a physician, have to stay outside the country, even with a medical certificate establishing the inability to work6.

Digest 11.3.0 states "A person who makes a claim for sickness benefits is not only required to demonstrate being unable to work but also to demonstrate that he or she would be otherwise available for work." Unfortunately, your spouse was not otherwise available for work as she was outside of Canada.

Only claimants on paternity and maternity benefits do not have to prove their availability. Those who are on sickness have to prove they're otherwise available for work had it not been for their illness.

Oct 27th, 2011 11:10 pm

billymadison: Sr. Member; May 6, 2006; 505 posts; 21 upvotes

Oct 27th, 2011 11:10 pm

b166er1337 wrote: ↑Please refer to Digest 11.6.3 and 11.3.0:
http://www.servicecanada.gc.ca/eng/ei/d ... ml#a11_6_3
http://www.servicecanada.gc.ca/eng/ei/d ... ml#a11_3_0

Digest 11.3.0 states "A person who makes a claim for sickness benefits is not only required to demonstrate being unable to work but also to demonstrate that he or she would be otherwise available for work." Unfortunately, your spouse was not otherwise available for work as she was outside of Canada.

Only claimants on paternity and maternity benefits do not have to prove their availability. Those who are on sickness have to prove they're otherwise available for work had it not been for their illness.

Thanks for the response!

So, in other words -- she's screwed and is going to be penalized, even though she was still employed (her position was on hold until she returned healthy). What sort of penalty is she likely to receive for this?

I am shocked that they would take this sort of action -- especially when we already had paid for her flight far in advance of the EI filing. I would have taken a huge hit (no refund) had she not gone.

*sigh*

Oct 27th, 2011 11:15 pm

billymadison: Sr. Member; May 6, 2006; 505 posts; 21 upvotes

Oct 27th, 2011 11:15 pm

Oh, and yeah, she's unemployed now while she battles depression (and not collecting any government hand-outs). So now she will have to pay back benefits (potentially) when she has 0 dollars. Nice. That's going to do wonders for her depression progress.

Oct 27th, 2011 11:25 pm

b166er1337 [OP]: Moderator; Sep 21, 2004; 11174 posts; 6315 upvotes; Calgary

Oct 27th, 2011 11:25 pm

billymadison wrote: ↑Oh, and yeah, she's unemployed now while she battles depression (and not collecting any government hand-outs). So now she will have to pay back benefits (potentially) when she has 0 dollars. Nice. That's going to do wonders for her depression progress.

Unfortunately we don't make the rules. This program is not perfect by any means. However, if you respond the inquiry honestly, I don't think your spouse will be penalized (just pay back the benefits she received while she was away). You can arrange payment options with the investigator. From my experiences, an overpayment will be established and 50% of future payments will be deducted until the overpayment is cleared. Your spouse's scenario is one of those honest mistakes people make while on EI claims.

Nov 4th, 2011 11:19 am

b166er1337 [OP]: Moderator; Sep 21, 2004; 11174 posts; 6315 upvotes; Calgary

Nov 4th, 2011 11:19 am

FreelanceWolf wrote: ↑Hello. Sorry to bother you but I am in a bit of trouble now, and will probably be in a lot of trouble later.

I was under the impression that if you are on the company's payroll, you don't get EI so I didn't apply for EI (I was laid off) until after my 2 month non-working notice ended. The website is pretty vague on the matter. It says I should apply for EI as soon as you stop working. Does this mean when you're not physically working anymore or after the non-working notice. I got severance on the last day of the non-working notice.

I'm afraid now that I will not get my benefits because I was stupid not to apply sooner and if I don't get EI I'm literally screwed unless I happen to land a job by then

While it is true EI benefits are not paybale while you are receiving severance/pay in lieu of notice, it is best to apply for EI benefits right away. If you receive salary continuance (where as you continue to receive salary and all the company benefits, such as medical and dental insurance), apply when your salary continuance ends. The day that your stops receiving salary continuance is your last day of work.

In your case, apply now. As long as the last day paid (block 11 on the record of employment) is within 28 days of the application date, you are good to go.

+1

Nov 4th, 2011 11:22 am

FrogPrince: Deal Addict; Mar 8, 2010; 3553 posts; 87 upvotes

Nov 4th, 2011 11:22 am

Lets say you're entitled to 9 months of EI. Two months in, you get a 3 month work contract, report your income and therefore collect no EI during those three months. What happens then?

Does that three months get added on to your EI term once you finish your contract or are any benefits owed to you during the term of the contract basically lost?

RFD OT: Serious answers to stupid questions.
RFD Definition of 'troll': Someone whose opinion you don't like.

Nov 4th, 2011 11:34 am

b166er1337 [OP]: Moderator; Sep 21, 2004; 11174 posts; 6315 upvotes; Calgary

Nov 4th, 2011 11:34 am

FrogPrince wrote: ↑Lets say you're entitled to 9 months of EI. Two months in, you get a 3 month work contract, report your income and therefore collect no EI during those three months. What happens then?

Does that three months get added on to your EI term once you finish your contract or are any benefits owed to you during the term of the contract basically lost?

In a typical claim, you have 52 weeks to collect your entitlement (aka benefit period). Only in special circumstances can a benefit period be extended.

In your case, the BP won't be extended. However, the hours/earnings you worked for this 3-month contract will be used to calculate a new claim once your current claim expires. Assuming you are working 40 hour week, 13 weeks x 40 = 520 hours, which is sufficient to qualify for a new claim in some regions with high unemployment rate.

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