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EI (Employment Insurance) discussion thread

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Newbie
Mar 8, 2016
1 posts
Hi everybody thanks in advance for the help just have a question about ei that I could not find an answer to anywhere else.

I was laid off from work in Edmonton at the beginning of January. My application was accepted and I have been receiving ei benefits since then.

My long term girlfriend and I decided to move to Vancouver island at the beginning of March as I was unable to find work in my field in Edmonton.

I have continued to actively seek suitable employment and simply changed the location I am looking in.

My question is will this effect or disrupt my claim, in other words are you allowed to move province while on ei without the move being for a specific job itself as long as you continue to seek employment?

Thanks again
Moderator
User avatar
Sep 21, 2004
11413 posts
7187 upvotes
Calgary
Gally2gally wrote: Hi everybody thanks in advance for the help just have a question about ei that I could not find an answer to anywhere else.

I was laid off from work in Edmonton at the beginning of January. My application was accepted and I have been receiving ei benefits since then.

My long term girlfriend and I decided to move to Vancouver island at the beginning of March as I was unable to find work in my field in Edmonton.

I have continued to actively seek suitable employment and simply changed the location I am looking in.

My question is will this effect or disrupt my claim, in other words are you allowed to move province while on ei without the move being for a specific job itself as long as you continue to seek employment?

Thanks again
Yes. However, during the move (or before/after) when you are preoccupied with the move, you are not available for work so technically you should declare unavailable and not be paid for those days.

Keep a track of your relocation expenses so you can get some taxes deducted for next year.
Newbie
Mar 9, 2016
1 posts
Hi, just a quick question.
I've temporarily relocated to Alberta from bc for work, I am renting a room in Edmonton. My schedule does not allow me to make the trip back home on my days off to visit my wife.
Are there any case files that consider distance from home/spouse a justified reason for quitting?
Moderator
User avatar
Sep 21, 2004
11413 posts
7187 upvotes
Calgary
Alliesan wrote: Hi, just a quick question.
I've temporarily relocated to Alberta from bc for work, I am renting a room in Edmonton. My schedule does not allow me to make the trip back home on my days off to visit my wife.
Are there any case files that consider distance from home/spouse a justified reason for quitting?
Yes, but only after a certain period of time. As for the duration, it is case by case. See more info below

http://www.esdc.gc.ca/en/reports/ei/dig ... _accompany
Newbie
Mar 10, 2016
7 posts
I am currently collecting EI benefits and am eligible to receive 38 weeks of benefits. I have been paid for 8 weeks so far.

My mother is very ill and I would like to spend a few days visiting her (in another province). When I report this week away as not available for work, I understand I will not get EI paid for that week - but will I still get the remaining 30 weeks paid if I am still unemployed or will it only be 29 weeks?

I also am wondering if I report as unavailable for work for 2 days in one week, will I still be eligible to get these 2 days of EI benefits at the end of the 38 weeks, if I am still unemployed?
Newbie
Jul 31, 2015
12 posts
2 upvotes
Etobicoke, ON
Bit of a odd situation.

Three months ago my employer decide to switch me to a different position, and I was told it would start in a few days, but it never started. Every time I contacted them I was told it would start within a week, but then nothing, now my calls and emails are just being ignored. I am paid hourly, and have not had any income since then.

This position change resulted from my supervisor giving me a evaluation that I completely disagree with and just blind sided me, he complained about me not doing tasks that I was not told I should be doing, nor did he tell me when I was not doing them, I was not told how I was being evaluated, nor what was expected of my overall performance. He also said some things that were simply not true or a complete exaggeration.

So at this point (three months later), is there anything that can be done about claiming EI? They did not tell me anything about not coming back or being dismissed, or give me an ROE.

As well, if anyone is familiar with this area, given how I described what happened, could there be grounds for a wrongful dismissal claim? The Ontario Ministry of Labour website mentions such claims should be filed with in 90 days or so, and it has been longer than that since I last worked.

Thanks for anyone who is able to help here.
Newbie
Dec 3, 2015
24 posts
4 upvotes
London, ON
ycanada wrote: Thanks dear. I have around 948 hours of working with the company. Secondly, its an agency that is my employer. I Contacted them after recovery and asked them to put me in the second shift this time (as i was working in the first shift before injury) as its not that busy in the evening shift. This is because i still fell some pain and dont want myself to be subjected to heavy work right-away, might aggravate my pain sometime. Agency didn't like it and said that i am not supposed to dictate them the terms. I said i am only explaining my position and not dictating terms cuz i dont feel that i will be able to start the heavy work now, meaning i am not fit fro morning shift. My point is that now if second shift is not available and my agency gets me job in the first shift which i am not in a position to accept. Now from here if i go to Service Canada for conversion....are there any chances my case will be approved !! Please suggest
This obviously raises some difficulties, but you should apply for regular benefits anyways - you miss 100% of the shots you don't take and if you are denied you'll be no worse off. Now, refusing to resume employment after it is supposed to be resumed constitutes voluntarily leaving employment under s.29(b.1)(ii) of the Act. To be honest, the simple statement "i dont feel that i will be able to start the heavy work now, meaning i am not fit fro morning shift" is not good enough - you will need another physician's note indicating that the conditions under which you are expected to return to work are incompatible with your state of health. Otherwise you will likely be disqualified from receiving regular benefits. You need to prove that there is no alternative to refusing to return to work, which may require a statement from your employer indicating that there are no other jobs they are willing or able to offer you. So in essence you'd need a 1) a medical note from a physician indicating that the morning shift is too strenuous and you can't perform those duties, and 2) your employer will have to confirm that this is the only job they have for you at this point in time.

If it's determined that you are unable to return to work due to health reasons, your availability for work will come into question. Section 18(1)(a) of the EI Act says "a claimant is not entitled to be paid benefits for a working day in a benefit period for which the claimant fails to prove that on that day the claimant was capable of and available for work and unable to obtain suitable employment." When people fail to resume employment due to health reasons there is a strong presumption of non-availability and the onus is upon you to demonstrate that you are available for other kinds of work. The three factors that are generally considered when assessing availability are: 1) the sincere desire to return to work; 2) the expression of that desire through a search for suitable employment; 3) the absence of any personal restrictions that would unduly limit your chances of returning to work.

The first and second are essentially one in the same. You need to state that you want to return to work and you have to prove it. The proof of the pudding is in the eating - I would definitely ask about where you have applied at since March 4th. Standards vary from one agent to another but if someone states that they "can't remember" where they have applied at over the past two weeks then I wouldn't hesitate in denying a request for regular benefits. Ask yourself right now about how many job applications you've put out since being told that you're fit to return to work. If the answer is zero then you likely won't be entitled to regular benefits. When you do apply for a job or do anything related to reasonable and customary efforts for a job search, document it in writing. The agent reviewing your request for a conversion to regular benefits will likely ask for a record of your applications, either at the time of the conversion or ten business days later.

The third factor is the absence of any restrictions on your availability that would unduly limit your chances of returning to work. As stated above, you have to be available for and seeking suitable employment. Now, "suitable employment" is essentially the job you were doing before, or eventually any job you're qualified to do depending on how long you've been on EI for (there is a precise definition of suitable employment here in the Regulations) - so you would normally be expected to return to your old job if it's available. However, Regulation 9.002(a) states that one of the criteria for determining what constitutes "suitable employment" is that "the claimant’s health and physical capabilities allow them to commute to the place of work and to perform the work." Again, you have to be available for and seeking suitable employment, but if you're incapable of doing a job due to your health, it's not suitable for you. The question then becomes whether or not your health-based restrictions completely eliminate your chances of returning to work. If your health restrictions leave you with zero job opportunities which fall under the definition of "suitable employment" then you might not be payable regular benefits.

To sum it up: if you want to make a claim for regular benefits you will definitely need two documents to any adjudicator: 1) a medical note indicating the restrictions on what type of work you can do, and 2) a job search record indicating that you are and have been actively seeking work that you are capable of doing. If you know you aren't able to return to your job at the agency and you haven't applied anywhere else, you should not be paid regular benefits because you are not actively seeking employment. Start looking for work elsewhere and make it a robust job search
Newbie
Dec 3, 2015
24 posts
4 upvotes
London, ON
Volt777 wrote: Bit of a odd situation.

Three months ago my employer decide to switch me to a different position, and I was told it would start in a few days, but it never started. Every time I contacted them I was told it would start within a week, but then nothing, now my calls and emails are just being ignored. I am paid hourly, and have not had any income since then.

This position change resulted from my supervisor giving me a evaluation that I completely disagree with and just blind sided me, he complained about me not doing tasks that I was not told I should be doing, nor did he tell me when I was not doing them, I was not told how I was being evaluated, nor what was expected of my overall performance. He also said some things that were simply not true or a complete exaggeration.

So at this point (three months later), is there anything that can be done about claiming EI? They did not tell me anything about not coming back or being dismissed, or give me an ROE.

As well, if anyone is familiar with this area, given how I described what happened, could there be grounds for a wrongful dismissal claim? The Ontario Ministry of Labour website mentions such claims should be filed with in 90 days or so, and it has been longer than that since I last worked.

Thanks for anyone who is able to help here.
Yeah you should have applied for EI after a single week of no work or wages. Request your ROE, file an application for benefits and request an antedate back to the last day worked. Tell them that you thought you were still employed and you were expecting to return to work in the immediate future. Not sure if they'll allow that since it's a delay of three months but it's worth a try.
Newbie
Feb 27, 2016
26 posts
3 upvotes
Just got qualify for compassionate care benefits,
Total Insurable Earnings: $8,872
Benefit Rate: $222
Federal Tax: $0
Weeks of compassionate care benefits paid: 1
Total Weeks Paid: 1
End Date of Claim: February 18, 2017
Last Report Processed: March 06, 2016 to March 12, 2016
Last Report Processed on: March 14, 2016
Other Monies:
Vacation pay: February 21, 2016 to February 27, 2016
Weekly Amount: $166

wanted to know how much will I receive per week? I'm confused because I saw the Benefit rates $222 and the Vacation pay $166.

I just realized that they deducted $166 from my $222 for vacation pay, not sure why?

Thanks in advance
Deal Guru
Nov 21, 2011
11402 posts
5239 upvotes
typera wrote: Just got qualify for compassionate care benefits,
Total Insurable Earnings: $8,872
Benefit Rate: $222
Federal Tax: $0
Weeks of compassionate care benefits paid: 1
Total Weeks Paid: 1
End Date of Claim: February 18, 2017
Last Report Processed: March 06, 2016 to March 12, 2016
Last Report Processed on: March 14, 2016
Other Monies:
Vacation pay: February 21, 2016 to February 27, 2016
Weekly Amount: $166

wanted to know how much will I receive per week? I'm confused because I saw the Benefit rates $222 and the Vacation pay $166.

I just realized that they deducted $166 from my $222 for vacation pay, not sure why?

Thanks in advance
Weekly rate is $222. The $166 was deducted because it was allocated during your waiting period
Newbie
Feb 27, 2016
26 posts
3 upvotes
I see. But I did not receive any money during that period, why would the $166 be deducted? Is that a one time only deduction?

Thanks again.
Newbie
Mar 14, 2016
14 posts
1 upvote
I have never been on EI before and was unaware I needed to apply before 4 weeks after my last day. I was paid 8 weeks severance and thought I couldn't apply till that period was over. I applied online and I'm worried I may lose my benefits. Is there something I should do before they send a letter in the mail or just wait and see?
Deal Guru
Nov 21, 2011
11402 posts
5239 upvotes
typera wrote: I see. But I did not receive any money during that period, why would the $166 be deducted? Is that a one time only deduction?

Thanks again.
You can't have money within your waiting period. It's one time
Moderator
User avatar
Sep 21, 2004
11413 posts
7187 upvotes
Calgary
BrentA376837 wrote: I have never been on EI before and was unaware I needed to apply before 4 weeks after my last day. I was paid 8 weeks severance and thought I couldn't apply till that period was over. I applied online and I'm worried I may lose my benefits. Is there something I should do before they send a letter in the mail or just wait and see?
Fill out this form ASAP, explaining that you delay filing as you were receiving severance. Submit the form to your local Service Canada office.

http://www.servicecanada.gc.ca/cgi-bin/ ... 987&ln=eng
Newbie
Mar 14, 2016
14 posts
1 upvote
What happens if I do not fill out the form? Would I still receive future benefits?
Moderator
User avatar
Sep 21, 2004
11413 posts
7187 upvotes
Calgary
BrentA376837 wrote: What happens if I do not fill out the form? Would I still receive future benefits?
Yes, but you may get fewer total weeks. Benefit rate will be the same.
Newbie
Dec 3, 2015
24 posts
4 upvotes
London, ON
typera wrote: I see. But I did not receive any money during that period, why would the $166 be deducted? Is that a one time only deduction?

Thanks again.
Section 19(1) of the EI Act says: "if a claimant has earnings during their waiting period, an amount not exceeding those earnings shall, as prescribed, be deducted from the benefits payable for the first three weeks for which benefits are otherwise payable."

The waiting period is a two-week period of no earnings which the claimant bears before insurance payments start. It is similar to a deductible. If you have earnings during the deductible period where you're not supposed to have any it's held against your claim for up to three weeks, depending on the amount. In this case it will most likely be a one-week affair because the entire amount for vacation was deducted in the first week. Sometimes it goes beyond that - for instance, if you earn $1500 during the waiting period and your benefit rate is $500 it will be spread out over three weeks.

However, since the total amount to be deducted is $166 and your benefit rate is $222, there should be no carryover deductions to the following week because the entire amount has been paid.
Newbie
Mar 16, 2016
1 posts
Thanks in advance for your help!

I've been employed full time at the same company for 9 years. I've been battling depression and anxiety for the last 3-4 years, and i'm at a point where i'm having trouble functioning at work and home.

My doctor has suggested that I go on medical leave. I'm worried that as a single mother I won't be able to support my child on EI. I'm paying out of pocket for a psychologist and for prescription medication (no insurance at work) and trying to hold it together.

I'm also in the running for a potential job with the census. I'm hoping this could open some doors for me with the public service where I could continue to work and have medical benefits. If I leave my current employer for this temporary position, would I be able to receive regular EI benefits after the census is completed (should I be unable to find other work)?
Newbie
Jun 21, 2012
2 posts
I'm on EI right now in Caglary, If I get a 3month contract job, will I be still eligible for EI after the contract ends?
Newbie
Dec 3, 2015
24 posts
4 upvotes
London, ON
verity56 wrote: Thanks in advance for your help!

I've been employed full time at the same company for 9 years. I've been battling depression and anxiety for the last 3-4 years, and i'm at a point where i'm having trouble functioning at work and home.

My doctor has suggested that I go on medical leave. I'm worried that as a single mother I won't be able to support my child on EI. I'm paying out of pocket for a psychologist and for prescription medication (no insurance at work) and trying to hold it together.

I'm also in the running for a potential job with the census. I'm hoping this could open some doors for me with the public service where I could continue to work and have medical benefits. If I leave my current employer for this temporary position, would I be able to receive regular EI benefits after the census is completed (should I be unable to find other work)?
That would depend mainly on the duration of the job with the census. Section 29(c)(vi) of the Act states that "just cause for voluntarily leaving an employment or taking leave from an employment exists if the claimant had no reasonable alternative to leaving or taking leave, having regard to all the circumstances, including reasonable assurance of another employment in the immediate future."

Reasonable assurance means that you have the offer, either verbally or in writing, before you quit your job. Immediate future generally means within four weeks, although there are certain circumstances where it can be allowed for longer periods of time (e.g. when someone has to move in order to accept a job). The key factor here is actually the nature of the "other employment" to which you refer. If you leave a permanent position for a temporary position with no reasonable guarantee of an extension you are taking what the courts have typically regarded as an unjustified risk which creates a situation of unemployment at the other end.

The matter of whether or not people have just cause under that section of the Act was dealt with in a famous federal court case Langois, A-75-07 where the judge said identified the key factor in assessing whether or not someone had just cause for leaving a permanent position for seasonal work which ended shortly thereafter:
Justice Létourneau wrote:In my view, in the case of seasonal employment, the time of the voluntary separation and the remaining duration of the seasonal employment are the most important circumstances to consider in determining whether leaving was a reasonable alternative and, accordingly, whether there was just cause for it. Switching to seasonal employment late in the season when it is about to end and the requirements of section 30 will clearly not be met creates a certainty of unemployment for which there can be no just cause. The employee is free to quit his non-seasonal job, but it is he alone then who must assume the risk of his voluntary leaving.
When he speaks of "the requirements of section 30" not being met he is referring to the number of hours required to establish a new claim in accordance with section 7(1) of the EI Act. As seen in the table, that value can range anywhere from 420 hours to 700 hours, or possibly 910 if you have no recent history in the labour force. Some agents will interpret the Langois case as essentially saying that a temporary employment of a sufficiently lengthy duration may fall under the provision of the Act where it refers to reasonable assurance of another employment. Other agents may disagree and state that because a claimant traded a permanent position for a temporary one the ROE from the prior place of employment should be excluded.

The long and short of it is that if you knowingly take a short-term job that doesn't give you a sufficient number of hours to re-qualify for a new claim all on its own, you'll probably be denied outright. If you gain enough hours to re-qualify for EI (again, generally between 420 and 700, but possibly up to 910) then the ROE from the job you left may or may not be included in the calculation of your benefit rate, depending on the agent's interpretation of case law. If you were hired on for the census in May and worked until July, assuming you worked 40 hours per week you would accumulate approximately 480 hours of insurable employment. There are some areas of the country where you can qualify based on that, but it isn't all that common, so there's a strong chance that you'd be denied if you left your permanent job for this temporary one.

Just keep in mind that there are very few absolutes, which is why the EI Act says agents must have regard to all the circumstances.

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