Difference between revisions of "I've Been Turned Down for Employment Insurance Benefits"

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Employment Insurance (EI) may give one of these reasons for turning you down:
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| text      = '''Alert:''' The Employment Insurance appeal system will change on April 1, 2013. The Board of Referees and Umpires will be replaced by a new Social Security Tribunal (SST). The rules and procedures are still being developed. Service Canada's website provides a [http://www.servicecanada.gc.ca/eng/sst/index.shtml summary of the changes]. <br>


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:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours.  You must have worked those hours in your qualifying period, which is usually the year before you apply.  
}}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. 
:* You were '''fired for''' ''just cause''. (a good legal reason)


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.  
:* You quit '''without''' ''just cause''.


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.
:* You are '''not available for work''' (includes not actively looking for a job). You may not be able to get EI benefits until you are available for work.  


'''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.
:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.


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.  
'''You can ask for a reconsideration and appeal any of these decisions'''
If you disagree with a decision made by Service Canada regarding your EI benefits, you have the right to request a reconsideration of that decision.  


{{Tipsbox
You can appeal (ask for a reconsideration of your claim) if EI:
| width = 90%
:* has refused you benefits
| tips = 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. The Board of Referees cannot change the law. 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.
:* says you have to repay benefits
}}
:* has given you a warning letter and/or a penalty


== First steps ==
== First steps ==


# File a written notice of appeal to the Board of Referees. You can do this by letter, or you can use an optional [http://www.ei.gc.ca/eng/referees.shtml#file appeal form]
To request a reconsideration, complete the [http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=ins5210&ln=eng reconsideration form] and mail it to the address provided on the form within ''thirty (30) days'' of receiving the decision.  
# Complete and submit the letter or appeal form within 30 days after receiving EI's decision. It is best to attach a copy of the decision you are appealing.


If you do not agree with the reconsideration decision, you can file an [http://www1.canada.ca/en/sst/ap/eigd.html appeal] with the Social Security Tribunal. Your appeal must be filed within ''thirty (30) days'' of receiving your reconsideration decision.
If you disagree with the decision made by the Social Security Tribunal, you can [http://www1.canada.ca/en/sst/ap/eiad.html appeal] to the Social Security Tribunal's Appeal Division. The appeal must be filed within ''thirty (30) days'' of receiving the appeal decision. You will have to request permission to file the appeal


== What happens next ==
== What happens next ==
'''Reconsideration'''
After you have filed your reconsideration, Service Canada will review your file and notify you of the decision. Each case is decided on its own merits. There are no oral hearings for this process.
'''Appeal to the General Division'''
Once you file your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.
A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.
The Social Security Tribunal member will decide one of two things:
:* your appeal goes forward, or
   
   
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.  
:* your appeal is dismissed.
 
The Social Security Tribunal member will send you the decision in writing.
 
If your appeal is dismissed, you can appeal that decision. See the section, '''Appeal to the Appeal Division'''
 
'''If your appeal goes forward'''
 
If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold a '''hearing'''.  
 
:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.
 
:* If a '''hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.
 
After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.  


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.
'''Appeal to the Appeal Division'''
   
   
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.
If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.  
 
You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.  
 
You must file your appeal '''within thirty (30) days''' of the day you got the decision from the General Division.
 
The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.


== Where to get help ==
== Where to get help ==
   
   
See the [[Resource List]] in this Guide for a list of helpful resources. Your best bets are:   
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are:   
* [[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of Umpires' and court decisions favouring EI claimants].   
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers].   
* [[PovNet]].  
*[[PovNet]].  
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers]].  
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].  
* [[Community Legal Assistance Society]].  
*[[Community Legal Assistance Society]].  
* The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]".
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]."  
* Le Mouvement Action-Chômage de Montréal's "[http://www.macmtl.qc.ca/Conseils_pratiques/en.htm 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.


{{Template:Legal Help Guide Disclaimer}}  
Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.
 
 
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}
 
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Latest revision as of 04:28, 2 May 2017


Employment Insurance (EI) may give one of these reasons for turning you down:

  • You do not have enough hours of work to qualify. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply.
  • You were fired for just cause. (a good legal reason)
  • You quit without just cause.
  • You are not available for work (includes not actively looking for a job). You may not be able to get EI benefits until you are available for work.
  • You made false statements to EI. You may have to repay some benefits and you may have to pay a penalty.


You can ask for a reconsideration and appeal any of these decisions

If you disagree with a decision made by Service Canada regarding your EI benefits, you have the right to request a reconsideration of that decision.

You can appeal (ask for a reconsideration of your claim) if EI:

  • has refused you benefits
  • says you have to repay benefits
  • has given you a warning letter and/or a penalty

First steps[edit]

To request a reconsideration, complete the reconsideration form and mail it to the address provided on the form within thirty (30) days of receiving the decision.

If you do not agree with the reconsideration decision, you can file an appeal with the Social Security Tribunal. Your appeal must be filed within thirty (30) days of receiving your reconsideration decision.

If you disagree with the decision made by the Social Security Tribunal, you can appeal to the Social Security Tribunal's Appeal Division. The appeal must be filed within thirty (30) days of receiving the appeal decision. You will have to request permission to file the appeal

What happens next[edit]

Reconsideration

After you have filed your reconsideration, Service Canada will review your file and notify you of the decision. Each case is decided on its own merits. There are no oral hearings for this process.

Appeal to the General Division

Once you file your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision.

A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided.

The Social Security Tribunal member will decide one of two things:

  • your appeal goes forward, or
  • your appeal is dismissed.

The Social Security Tribunal member will send you the decision in writing.

If your appeal is dismissed, you can appeal that decision. See the section, Appeal to the Appeal Division

If your appeal goes forward

If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a decision on the record, or hold a hearing.

  • A decision on the record means the Tribunal member will decide based on the EI file and the materials you sent.
  • If a hearing will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See Where to get help to find someone who can help you.

After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy.

Appeal to the Appeal Division

If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division.

You will need leave to appeal (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal.

You must file your appeal within thirty (30) days of the day you got the decision from the General Division.

The Government of Canada's website provides a summary of the appeal process. Look under Employment Insurance Appeals – EI Appeal Division.

Where to get help[edit]

See the Resource List in this guide for a list of helpful resources. Your best bets are:


Before you meet with a lawyer or advocate, complete the form Preparing for Your Interview included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case.


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Trevor Thomas, March 2017.


Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.