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Difference between revisions of "I've Been Turned Down for Employment Insurance Benefits"
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I've Been Turned Down for Employment Insurance Benefits (view source)
Revision as of 21:44, 15 October 2014
, 21:44, 15 October 2014no edit summary
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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. | :* '''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''. | :* You were '''fired for''' ''just cause''. (a good legal reason) | ||
:* You quit '''without''' ''just cause''. | :* You quit '''without''' ''just cause''. | ||
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You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law. | You appeal the decision to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's decision if they believe that it was wrong. But they cannot change the law. | ||
If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help | If your disagreement is about things such as how many hours you worked, or whether your job was insured under the EI system, these are "insurability" questions. You have to appeal them within 90 days to the Canada Revenue Agency (CRA) and not the Social Security Tribunal. If you are in doubt about the right type of appeal to file, get some legal help. | ||
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'''If your appeal goes forward''' | '''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 ''' | 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. | :* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent. | ||
:* If ''' | :* 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. | After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy. | ||
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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. | 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 = [[ | {{REVIEWED | reviewer = [[Jim Sayre]], August 2014}} | ||
{{Template:Legal Help Guide Navbox|type=problems}} | {{Template:Legal Help Guide Navbox|type=problems}} | ||
{{Creative Commons for Legal Help Guide}} | {{Creative Commons for Legal Help Guide}} | ||