Difference between revisions of "Keeping Out of Trouble on Employment Insurance (8:IX)"

A client may complain that the Report of Interview is misleading or a distortion of the truth. 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 him or her, 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 he or she disagrees, 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 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 he or she actively pursued a job possibility paying a lower amount after learning what the salary was.