I've Been Turned Down for Employment Insurance Benefits

If you are unemployed, and have worked the required number of hours during the "qualifying period" before losing your job, you may be entitled to Employment Insurance ("EI") benefits.

The number of hours required to be entitled to EI benefits depends of the type of benefits you are seeking, your employment history, and the unemployment rate in the region where you live. Regular benefits require 420 to 700 hours of work, unless you are a new entrant or re-entrant to the labour force, in which case you will need 910 hours. EI also pays special benefits for workers who are unemployed due to sickness, pregnancy, being a new parent, or providing compassionate care for a gravely ill or dying person. To receive special benefits, you will need 600 hours of work.

Whatever the number of hours required, they must have been worked in your qualifying period, which is usually the year before you apply. Sometimes the period can be longer or shorter than a year, however.

If you have quit your job without just cause or were fired for misconduct, you will usually be disqualified from receiving any regular benefits. If you are not available for work (which includes actively looking for a job), you can be disentitled until you become available. And if you make false statements to EI, you can be required to repay any benefits you shouldn't have received, and you may also have to pay EI a penalty for having acted dishonestly.

All such decisions are appealable. If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal within 30 days of receiving the decision to an independent Board of Referees. The Referees can usually overturn EI's decision if they believe that it was wrong. They cannot change the law, however. For example, if you have worked 690 hours in a region where 700 hours are required, they cannot decide to allow your claim anyway.

Some decisions cannot be appealed to the Board of Referees, such as decisions about how many hours you worked, or whether your job was insured under the EI system. Such "insurability" questions must be appealed within 90 days to the Canada Revenue Agency (CRA), with a further appeal to the Minister of National Revenue and the Tax Court.

If you feel that EI has treated you unfairly, the best advice is simple: APPEAL! It's free, and it's the only chance you have to receive the benefits you feel you deserve.

Choosing the right type of appeal can be tricky. For example, if you have worked 690 hours in a region where 700 hours are required, the Board of Referees couldn't allow your claim because you worked 10 fewer hours than the Act requires. But the Canada Revenue Agency could decide that you should have received credit for 10 more hours of overtime than the employer acknowledged. In that case you would qualify. If in doubt about the right type of appeal to file, seek legal advice.

First steps

1. File a written notice of appeal to the Board of Referees. You can do this by letter, or you can use an optional appeal form.
2. Complete and submit the letter or appeal form within 30 days after receiving EI's decision. Preferably attach a copy of the decision you are appealing.

What happens next

Service Canada will send you an "Appeal Docket" containing relevant documents and a Notice of Hearing. Often the hearing date will be just a week or two from when you receive the docket. If you need more time to prepare or to seek legal advice, you can ask for an adjournment. Do this immediately. If you simply don't show up for the hearing, the Referees will usually dismiss the appeal in your absence.

You may bring a lawyer or advocate to your Board of Referees Hearing. You will have an opportunity to present your case, and the Board may ask you questions. In some cases, your employer may attend the hearing and give evidence. Hearings are quite informal, and the referees are mainly interested in hearing your version of the facts, and why you feel that EI's decision was unfair.

The Commission will send you the Referees' written decision a few days after the hearing. If you don't agree with the decision, you can appeal it to the Umpire within 60 days. Umpires are usually Federal Court judges, and their powers are more limited than the Referees. You should receive an information sheet with the Referees' decision explaining how to appeal it to the Umpire.

Where to get help

See the Resource Guide for a list of helpful resources. Your best bets are:

• Service Canada, and particularly their resources on Employment Insurance: the EI Homepage, a section for Employment Insurance Appellants, and a collection of umpires' and court decisions favouring EI claimants.
• PovNet.
• Access Pro Bono, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, and Private Bar Lawyers.
• Community Legal Assistance Society.
• Law Students Legal Advice Program, and the chapter of their LSLAP Manual on "Employment Insurance".
• Le Mouvement Action-Chômage de Montréal's "Unemployment Insurance Benefits Practical Guide & Tips".

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.