I've Been Turned Down for Employment Insurance Benefits

If you have been employed for a minimum number of hours (currently between 420 and 650, depending on where you live in BC) over the past several months, (usually 12), and are now out of work through no fault of your own, you may be entitled to employment insurance ("EI") benefits.

If you have applied for EI benefits and have been turned down, you can appeal within 30 days of the decision to the EI Board of Referees. Further, some decisions of the Board can be appealed to an EI Umpire within 60 days of the Board’s decision.

First steps

1. Get a “Notice of Appeal to Board of Referees” by phone at 1-800-206-7218 or online. Visit Resource #53 in Part 2 of this guide (page 50) for the website link.
2. Complete and submit the form.

What happens next

Service Canada will send you an “Acknowledgement of Receipt” of your appeal, together with a copy of the original decision denying you benefits. They will later mail you an Appeal Docket containing relevant documents and a Notice of Hearing.

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.

The Board will mail you their written decision in about 10 days. If you don’t like the Board’s decision, you can appeal it to the “Umpire”. Check with Service Canada about how to do this.

Where to get help

See the Resource Guide in Part 2 for a list of helpful resources. Your best bets are:

• Service Canada, Employment Insurance.
• PovNet.
• Access Justice, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, Private Bar Lawyers.
• Law Students' Legal Advice Program (see Chapter 8, "Employment Insurance", for useful information on unjust dismissal).
• Community Legal Assistance Society.

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview in Part 3 of this guide. Make sure you bring copies of all documents relating to your case.

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

A legal document required under the rules of British Columbia's Supreme Court and Court of Appeal which is used to give notice of a party's intention to appeal a decision. See "appeal" and "decision."

A legal document required by the Supreme Court Family Rules that fixes the date for the hearing of a Petition. See "hearing" and "Petition."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."