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Difference between revisions of "Keeping Out of Trouble on Employment Insurance (8:IX)"
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Keeping Out of Trouble on Employment Insurance (8:IX) (view source)
Revision as of 21:21, 29 December 2020
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{{REVIEWED LSLAP | date= July, | {{REVIEWED LSLAP | date= July 3, 2020}} | ||
{{LSLAP Manual TOC|expanded = EI}} | {{LSLAP Manual TOC|expanded = EI}} | ||
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:June 15: Searched Internet job sites from Frank’s house. Printed out some likely prospects. | :June 15: Searched Internet job sites from Frank’s house. Printed out some likely prospects. | ||
The claimant should make the job search record as detailed and complete as possible. Include friends contacted regarding job openings, and '''all | The claimant should make the job search record as detailed and complete as possible. Include friends contacted regarding job openings, and '''all efforts''' made to look for a job. The claimant must at all times try to convince the Commission that they are making a great effort to find a job. | ||
== B. Interviews with an Investigation and Control Officer == | == B. Interviews with an Investigation and Control Officer == | ||
At some point, the claimant may be summoned to the local EI office for an interview regarding his or her job search. Typically the Investigation and Control Officer asks the claimant questions and makes a “Report of Interview,” which is later reviewed by an Insurance Officer who will, on the basis of the Report, decide whether or not benefits are to continue. The claimant does not need to sign or affirm the | At some point, the claimant may be summoned to the local EI office for an interview regarding his or her job search. Typically the Investigation and Control Officer asks the claimant questions and makes a “Report of Interview,” which is later reviewed by an Insurance Officer who will, on the basis of the Report, decide whether or not benefits are to continue. The claimant does not need to sign or affirm the report, though it is supposed to be read to him or her, and a copy should be provided for the claimant’s records. | ||
The Commission can disqualify a claimant for 7-12 weeks if the claimant fails to attend, without good cause, an interview the Commission asks him or her to attend (''EI Act'', s 27(1)(d)). The claimant must either attend the interview or phone to make a new appointment and confirm the new appointment in writing. | The Commission can disqualify a claimant for 7-12 weeks if the claimant fails to attend, without good cause, an interview the Commission asks him or her to attend (''EI Act'', s 27(1)(d)). The claimant must either attend the interview or phone to make a new appointment and confirm the new appointment in writing. | ||
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=== 1. Keeping the Record Straight === | === 1. Keeping the Record Straight === | ||
To protect against a potentially misleading report, the claimant should try to be as general as possible in his or her report. However, telling the truth during the interview is | To protect against a potentially misleading report, the claimant should try to be as general as possible in his or her report. However, telling the truth during the interview is imperative. For example, the client should state, if true, that he or she would accept the going rate rather than stating his or her desired wage. | ||
If the claimant decides, after the Report is read to them, that it is incorrect or misleading, the claimant should tell the Officer immediately because the Officer may correct the report immediately. If the Officer refuses or if the claimant later decides that they disagree, the claimant should write a letter stating their position. This is important since an appeal may be necessary and such an immediate reaction by the claimant may convince the Board of his or her honesty and integrity. It may also lead to the earlier reinstatement of a claimant who is disentitled for unreasonably restricting his or her job search. | If the claimant decides, after the Report is read to them, that it is incorrect or misleading, the claimant should tell the Officer immediately because the Officer may correct the report immediately. If the Officer refuses or if the claimant later decides that they disagree, the claimant should write a letter stating their position. This is important since an appeal may be necessary and such an immediate reaction by the claimant may convince the Board of his or her honesty and integrity. It may also lead to the earlier reinstatement of a claimant who is disentitled for unreasonably restricting his or her job search. | ||
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=== 2. Disputing the Report at an Appeal === | === 2. Disputing the Report at an Appeal === | ||
If there is a disentitlement based on the Report of Interview and an appeal follows, the SST may be willing to accept explanations and | If there is a disentitlement based on the Report of Interview and an appeal follows, the SST may be willing to accept explanations and modifications of the report. There must be evidence to support these modifications. Further, their usual position will be that since the statement was read to the claimant, it must be true. There is an established principle supported by several court decisions to the effect that “statements made before disentitlement are to be believed more than statements made after disentitlement,” the latter suspected of being self-serving. One effective way for a claimant to demonstrate willingness to accept wages lower than the figure stated on the application form or in an interview report is to prove that they actively pursued a job possibility paying a lower amount after learning what the salary was. | ||
== C. Reporting == | == C. Reporting == | ||
