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EI (Employment Insurance) discussion thread

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Deal Fanatic
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Jul 14, 2008
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b166er1337 wrote: While it is just cause to quit one's job when the salary is reduced significantly, one question that's typically asked is: "if you were making $60k/yr, and is reduced to $48k/yr, why would you quit now that you are making $0 being jobless?? Why couldn't you look for other jobs while working on this one? In essence, what is the urgency that you have to quit right away?"

Be prepared to answer those questions.

If you don't mind me asking, what % of reduction are we talking about? On the other hand, I do think it's a bit excessive to mandate what type of car the employee has to drive? Is the car cost or gas being reimbursed?
If looking at car allowance and commission alone, it would be about 30%
I'm not sure about EI's reception, but in the eyes of the law this clearly appears to be "constructive dismissal" - this would protect the employee. I've read cases where the salary after being demoted as high as 80k, but still be classified as constructive dismissal.

Since significant pay decrease is listed as a potential 'just cause', what would satisfy EI? At current salary rate, it is not sustainable and the ability to seek other employment is restricted because there is no time off allowed anymore in calendar year (all used up). Does EI also look at loss of prestige as well?

Yes, size of vehicle and even model year was on the employee contract. And no, there is no reimbursement or consideration that vehicle's value is worthless as a result of pre-existing job terms. The car one hurts the most.
Deal Addict
May 6, 2007
1114 posts
228 upvotes
Toronto
b166er1337 wrote: Appeal won't change anything. It's black and white. However, the easiest way is to get some hours is to work for temp agency. Seriously, sign up with a temp agency and work on a short term assignment to bump you over the threshold.
Well turns out my board didn't submit all of my hours in my record of employment. So I had to contact them and they submitted new ones where I have enough hours. They still missed a week for March Break but I'm not going to stress over that.
Newbie
Aug 16, 2012
1 posts
CHURCH POINT
Hello, first of all thanks for putting up this thread. The Service Canada site can be very confusing. I am on EI Sickness benefits because I have Uveitis-a serious vision threatening eye disease. I am currently on my 12th week of Sickness benefits. I had worked for a company in which I had recieved my 950 hours. The company's contract had ended and the new contract went to a new company. The first company had put "shortage of work" on the ROE. I worked for the second company for 2 weeks, then got sick. On that ROE, the employer put "Sickness with unknown date of return". I went in to a Service Canada office today to drop off my medical note (the family doctor wrote one up every 3 weeks to track my progress). The agent at Service Canada told me I am entititled for 3 more weeks and if I am still sick, or the job I am returning to has a full roster, then I can open up a claim for regular benefits. I asked her if I would need another ROE changing the "sickness" to "shortage of work". She said no, because I already have the ROE's on file. She said I can just come in an apply for Regular Benefits. Its not that I'm scard that they have a full roster, I'm pretty sure if I return now that I will be on-call, and decrease in hours, and change of schedule. I have 2 small children and am a single mother. During my sickness, I have also lost my child care provider. In 12 weeks, my situation has changed dramatically. Also, I work graveyard shifts, then go back in for an evening shift. This is gonna be hard when I have to go see a specialist twice a week. So, I would think it best to go on regular benefits until I can secure a babysitter and don't have to see a specialist so much. So, my questions are:
A) Do I need another ROE from my employer to claim regular benefits?
B) How do I go about reapplying/switching?
Thanks.
Newbie
Apr 1, 2008
84 posts
6 upvotes
This thread is very helpful...thank you very much.

Question regarding Record of Employment for the maternity leave application. In the last 104 weeks I've worked at 3 jobs.

Job 1 - Paid EI to Government (stopped ~ 100 weeks ago)
Job 2 - DID NOT pay EI Benefits (stopped ~ 50 weeks ago)
Job 3 - Paid EI to Government (still employed here but started MAT leave).

So I'm filling out the mat leave application and it mentions that I need to state if I've worked at another job in the last 52 weeks. Technically I have (job 2) but since I didn't pay EI benefits to the gov't is there a NEED to report this?

Furhtermore, they ask for all ROE's for the last 104 weeks, do I NEED to provide this ROE?

Ideally it would be easier if I don't report Job 2 (since I didn't pay EI benefits at all) but just want to be clear this won't come back to bite me in the bum.

thanks very much
N.
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Sep 21, 2004
11413 posts
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Calgary
nabeelshah wrote: This thread is very helpful...thank you very much.

Question regarding Record of Employment for the maternity leave application. In the last 104 weeks I've worked at 3 jobs.

Job 1 - Paid EI to Government (stopped ~ 100 weeks ago)
Job 2 - DID NOT pay EI Benefits (stopped ~ 50 weeks ago)
Job 3 - Paid EI to Government (still employed here but started MAT leave).

So I'm filling out the mat leave application and it mentions that I need to state if I've worked at another job in the last 52 weeks. Technically I have (job 2) but since I didn't pay EI benefits to the gov't is there a NEED to report this?

Furhtermore, they ask for all ROE's for the last 104 weeks, do I NEED to provide this ROE?

Ideally it would be easier if I don't report Job 2 (since I didn't pay EI benefits at all) but just want to be clear this won't come back to bite me in the bum.

thanks very much
N.

If you have over 1820 hours in the most recent ROE, there is no need to report job 1/2, especially that you are applying special benefits where you only need 600 to qualify.
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Sep 21, 2004
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onlineharvest wrote: If looking at car allowance and commission alone, it would be about 30%
I'm not sure about EI's reception, but in the eyes of the law this clearly appears to be "constructive dismissal" - this would protect the employee. I've read cases where the salary after being demoted as high as 80k, but still be classified as constructive dismissal.

Since significant pay decrease is listed as a potential 'just cause', what would satisfy EI? At current salary rate, it is not sustainable and the ability to seek other employment is restricted because there is no time off allowed anymore in calendar year (all used up). Does EI also look at loss of prestige as well?

Yes, size of vehicle and even model year was on the employee contract. And no, there is no reimbursement or consideration that vehicle's value is worthless as a result of pre-existing job terms. The car one hurts the most.
I would say 30% is significant reduction, and if I were making the decision, you would have just cause. However, you still have to prepare to answer the questions I provided in the previous post.
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Sep 21, 2004
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jesstiny wrote: Hello, first of all thanks for putting up this thread. The Service Canada site can be very confusing. I am on EI Sickness benefits because I have Uveitis-a serious vision threatening eye disease. I am currently on my 12th week of Sickness benefits. I had worked for a company in which I had recieved my 950 hours. The company's contract had ended and the new contract went to a new company. The first company had put "shortage of work" on the ROE. I worked for the second company for 2 weeks, then got sick. On that ROE, the employer put "Sickness with unknown date of return". I went in to a Service Canada office today to drop off my medical note (the family doctor wrote one up every 3 weeks to track my progress). The agent at Service Canada told me I am entititled for 3 more weeks and if I am still sick, or the job I am returning to has a full roster, then I can open up a claim for regular benefits. I asked her if I would need another ROE changing the "sickness" to "shortage of work". She said no, because I already have the ROE's on file. She said I can just come in an apply for Regular Benefits. Its not that I'm scard that they have a full roster, I'm pretty sure if I return now that I will be on-call, and decrease in hours, and change of schedule. I have 2 small children and am a single mother. During my sickness, I have also lost my child care provider. In 12 weeks, my situation has changed dramatically. Also, I work graveyard shifts, then go back in for an evening shift. This is gonna be hard when I have to go see a specialist twice a week. So, I would think it best to go on regular benefits until I can secure a babysitter and don't have to see a specialist so much. So, my questions are:
A) Do I need another ROE from my employer to claim regular benefits?
B) How do I go about reapplying/switching?
Thanks.
A) If the new company indeed has full roster now, you can request the employer to amend the ROE, and change box 16 from D to A - shortage of work.
B) You can make the switch over the phone (if you manage to reach any agent), or at the SC centre.

I need to point out that childcare will be a major issue concerning your availability. At this time, you don't have childcare arrangement, thus would probably be unavailable for full time work. Even if you manage to switch your claim form sickness to regular, your claim can still be denied if the adjudicator determines that you are unavailable due to childcare issues. My advice is to sort out this issue first.
Newbie
Aug 19, 2012
1 posts
SCARBOROUGH
so i have been working at first company since august of last year, working for full time until may. i left voluntarily for personal reason. therefore i couldnt collect e.i.
then in july i accepted a contract work for 3 months. at the end of the contract period (october) or if they decided to let me go earlier, which is a term in the contract
and if i apply for e.i. would the insurable hours be just that 3 month (about 600 hours) or the since october ( about 1.5k hours)
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Jul 14, 2008
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b166er1337 wrote: I would say 30% is significant reduction, and if I were making the decision, you would have just cause. However, you still have to prepare to answer the questions I provided in the previous post.
I'm assuming the answers that would satisfy EI would be related to work environment? And do they just take your word, or do they investigate, call company, etc?

I've read previous entries for constructive dismissal and they never discussed this element, it was cold hard facts that determined constructive dismissal (e.g., exec to middle mgmt, still good wage at $80K, but accepted reason for constructive dismissal).

Now, employee HAS reasons related to work environment, just wondering why I don't read about their requirment when I read other cases.
E.g., attitude of mistrust, constant belittle whenever sick (in public infront of other employees), loss of pretige while still having to serve same customer base NOW without commission

And how does it work - can you call EI and make the claim to see if they accept first? Or do you resign first then hope EI agrees? Since answer to satisfy your questions can be hearsay (you say it, company denies), or difficult to prove (emotional state at work, how one FEELS), how does EI really justify it? Better to involve a lawyer?
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Sep 21, 2004
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gloomundernight wrote: so i have been working at first company since august of last year, working for full time until may. i left voluntarily for personal reason. therefore i couldnt collect e.i.
then in july i accepted a contract work for 3 months. at the end of the contract period (october) or if they decided to let me go earlier, which is a term in the contract
and if i apply for e.i. would the insurable hours be just that 3 month (about 600 hours) or the since october ( about 1.5k hours)
If you quit the first job due to personal reasons, most likely only the hours from the second job (600) will be used.
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onlineharvest wrote: I'm assuming the answers that would satisfy EI would be related to work environment? And do they just take your word, or do they investigate, call company, etc?

I've read previous entries for constructive dismissal and they never discussed this element, it was cold hard facts that determined constructive dismissal (e.g., exec to middle mgmt, still good wage at $80K, but accepted reason for constructive dismissal).

Now, employee HAS reasons related to work environment, just wondering why I don't read about their requirment when I read other cases.
E.g., attitude of mistrust, constant belittle whenever sick (in public infront of other employees), loss of pretige while still having to serve same customer base NOW without commission

And how does it work - can you call EI and make the claim to see if they accept first? Or do you resign first then hope EI agrees? Since answer to satisfy your questions can be hearsay (you say it, company denies), or difficult to prove (emotional state at work, how one FEELS), how does EI really justify it? Better to involve a lawyer?
No you can't. You can only apply for EI if there is an interruption of earning. You can't apply if there is no IoE.

If there is contradictory statement (happens all the time), adjudicators would weigh each statement according to likelihood, credibility, balance of probabilities etc. And if both statements are equally credible, equally likely and equally probable, then the benefit of the doubt goes to the claimant. For your benefit, document everything that's wrong with the workplace and fax it to the adjudicator.
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Sep 19, 2008
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Thank you for this thread. I too have a question about EI.

I am currently almost finished a 1 year full time contract with this company. I know it is temporary because i'm filling in for a maternity leave.

1) when the contract is up will I be eligible for E.I?
2) If they offer me another position outside my field (either lower paying or completely unrelated), and I decline it, will it affect my eligible for E.I?

just a side note, I was on E.I last year, prior to my current contract position. I am having a hard time finding permanent position.

Thanks!
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Nov 25, 2010
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Kanada
Hi, How can I make a request under the Privacy Act to access records about my EI claim ?

I found a form here http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.pdf , is it the correct one ?
It says that I have to provide details to help the institution (HRSDC in my case) find the requested information. I prefer not to put my Social Insurance Number, is there any alternative reference number (EI claim number?) or info that I can put in there to help them locate my records?

Thanks!
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Sep 21, 2004
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cbr600 wrote: Thank you for this thread. I too have a question about EI.

I am currently almost finished a 1 year full time contract with this company. I know it is temporary because i'm filling in for a maternity leave.

1) when the contract is up will I be eligible for E.I?
2) If they offer me another position outside my field (either lower paying or completely unrelated), and I decline it, will it affect my eligible for E.I?

just a side note, I was on E.I last year, prior to my current contract position. I am having a hard time finding permanent position.

Thanks!
1) Yes of course you are.

2) Probably not. However, when the new rules kick in (not sure when), you have to accept a job that pays 80% of your most recent job, or you will be disentitled. I don't know the details yet however.
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SnoopDop wrote: Hi, How can I make a request under the Privacy Act to access records about my EI claim ?

I found a form here http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.pdf , is it the correct one ?
It says that I have to provide details to help the institution (HRSDC in my case) find the requested information. I prefer not to put my Social Insurance Number, is there any alternative reference number (EI claim number?) or info that I can put in there to help them locate my records?

Thanks!
I think you have to provide your social insurance number. What kind of information are you seeking? Decision-making rationale? Employer statement?
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Jul 14, 2008
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I have another question, unrelated to my first request.
A friend has quit their job because it was adversely affecting their health. It was advised by the Dr, and they are getting the proper documentation this week.
However, it wasn't the job per se, but the profession. She is able, willing, etc to work but is no longer able to work in the high stress profession she once did (and quit from).

Question: would they give this person regular benefits, or it doesn't matter, first 15 weeks are sickness benefits and then they convert to regular? I thought this would be different because it was the profession, and not working, that is the reason. She is willing to work in another profession, and will (and has) been searching for employment elsewhere.

And yes, she did try everything to make it a better work condition (change of office location, different hours, talk with management, asking if another type of position available within org in different capacity, etc). It was either continue and spiral into depression and continued severe anxiety or quit.

I don't know the system as you do, but from my reading of the relevant sections online, it appears this is a straightforward vountary leave with just cause resulting in regular benefits, no?

As an aside, is one able to scan the Dr note when applying online or must you complete the application and visit the Service Canada office it lists at the end of the application? And in this type of case, will they call the previous employer to verify the details or its not necessary because of the Dr note?
Penalty Box
Apr 16, 2012
3565 posts
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Greely
Sample scenario:

If someone is a contract worker and their contract is finishing in October, and they just recently got an offer of a job that starts in December.

For the month of October and November, can they collect unemployment and still "search for jobs"? By searching they will search for 2 months temporary work and there probably isn't much possibility anyone will hire him.
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Sep 21, 2004
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techcrium wrote: Sample scenario:

If someone is a contract worker and their contract is finishing in October, and they just recently got an offer of a job that starts in December.

For the month of October and November, can they collect unemployment and still "search for jobs"? By searching they will search for 2 months temporary work and there probably isn't much possibility anyone will hire him.
Yes, but you have to try. ;) (at least on paper!)
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onlineharvest wrote: I have another question, unrelated to my first request.
A friend has quit their job because it was adversely affecting their health. It was advised by the Dr, and they are getting the proper documentation this week.
However, it wasn't the job per se, but the profession. She is able, willing, etc to work but is no longer able to work in the high stress profession she once did (and quit from).

Question: would they give this person regular benefits, or it doesn't matter, first 15 weeks are sickness benefits and then they convert to regular? I thought this would be different because it was the profession, and not working, that is the reason. She is willing to work in another profession, and will (and has) been searching for employment elsewhere.

And yes, she did try everything to make it a better work condition (change of office location, different hours, talk with management, asking if another type of position available within org in different capacity, etc). It was either continue and spiral into depression and continued severe anxiety or quit.

I don't know the system as you do, but from my reading of the relevant sections online, it appears this is a straightforward vountary leave with just cause resulting in regular benefits, no?

As an aside, is one able to scan the Dr note when applying online or must you complete the application and visit the Service Canada office it lists at the end of the application? And in this type of case, will they call the previous employer to verify the details or its not necessary because of the Dr note?
Your friend's example is an easy allow for regular benefits, as long as she is available for work at other professions. Since she is available for work (for other profession), she won't qualify for sickness benefits. As for submitting doctor's note, it's best to provide the original to the Service Canada centre and a CSO will make a copy. That way it's on file. Or you can wait and fax it to adjudicator, but it's a lot more time consuming. For me personally, if the doctor's note says the claimant has to quit the job immediately for health's sake, I probably won't bother to contact the employer if there is nothing suspicious or out of the ordinary on file.
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Sep 21, 2004
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BayKay wrote: Hi, I know you've said this a few times throughout the thread now so apologies that you have to keep repeating this but my question is related to this.

I am currently on EI due to a shortage of work and am supposed to go back to work in October.

I was up for a promotion at my job but have now heard that they are considering asking me to work for less money. This is after adding a substantial amount of work to my portfolio. Is this just cause to quit? And would I need something in writing to prove it? The reason they might be asking me to work for less is because they say they are losing money, and then of course, the political crap that goes on at every company. There is no way I could ever be considered as not meeting the requirements of my job, I have very recent letters of reference and job reviews from my employer that rave about how hard I work and how competent I am. I could get fantastic references from all of my superiors and colleagues, there is not a chance that they could claim I was being offered less money due to my job performance. I would assume this means that I can quit my job if they offer to pay me less? And this wouldn't affect my claim as I look for another job?

In addition, I am thinking about moving to another province to be with family and to find another job that pays me what I'm worth, can I transfer my current claim to another province?

Thank you. I have read almost all of this thread, and the information is invaluable. It's also amazing how patient you are with everyone asking the same questions over and over! :D
I'm assuming you're on a temporary layoff, correct?

While it sucks to get less money, what kind of reduction are we talking about? 5%? 10%? If it's a minor reduction, this can be very problematic to your claim, considering the job market is very weak everywhere outside of AB and SK. Go back one page and there is another RFDer whose salary was reduced up to 30%.

As for your out-of-province family, is it your spouse/kid? or other relatives? How long have you been away?
Anyway, give me more details first.

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