Who is eligible to receive employment insurance (EI) benefits?

How much will my EI benefit be?

Am I entitled to EI benefits if I have quit my job?

Am I entitled to EI benefits if I have been fired from my job?

How do I apply for EI?

What are my obligations while I am drawing EI benefits?

What do I include in the record of my job search?

What can I do if I disagree with a decision made by the EI staff?

What kind of help can I get from the clinic?

Who is eligible to receive employment insurance (EI) benefits?
If you are unemployed you may be eligible to receive EI benefits. These benefits are based on the number of hours that you have worked, usually during the past 12 months. Depending on your situation and where you live, the number of hours required to qualify for EI benefits will vary. To inquire about your situation contact the Windsor EI office at 519-560-2500.

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How much will my EI benefit be?
If you are eligible to receive EI benefits, you will be paid 55% of your average weekly earnings, up to a maximum of $435 a week. Your first payment will be calculated from the third week of unemployment. (The first two weeks are considered a waiting period.) Any monies you receive when your job ends, vacation and severance pay for instance, as well as any money you receive during the waiting period will be deducted from the first 3 weeks of benefits payable to you.

The number of hours you have worked as well as where you live will dictate how long you will receive EI benefits. You cannot, however receive EI benefits for more than 45 weeks at one time.

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Am I entitled to EI benefits if I have quit my job?
Unless you quit your job for just cause, it is unlikely that you will be entitled to receive EI benefits, even if you were at your job for many years.

Just cause essentially means that something in your work situation or something in your personal life left you with no choice but to quit. Although each case will be judged on its own merit the following are examples of what might be considered just cause.

>You were being harassed at work.
>You were being discriminated against.
>Your supervisor was unjustly hostile or unfair.
>Your spouse or dependent child is moving and you must move with them.
>You have to care for your child or other close family member.

You should apply for EI in these circumstances. In addition, you should seek legal advice immediately.

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Am I entitled to EI benefits if I have been fired from my job?
You may be entitled to receive EI benefits if you were wrongfully dismissed from your job. However, if you were fired for misconduct you will not receive benefits. Misconduct may include such things as:

>Threatening or violent behaviour.
>Deliberately destroying company property.
>Disobeying your employer.

You should apply for EI in these circumstances. In addition, you should seek legal advice immediately.

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How do I apply for EI?
You can apply online by visiting the HRDC website or by visiting your nearest Service Canada Centre. If going in person, you should call first to see if you need an appointment. You will need to bring your social insurance card, photo id and your Record of Employment (ROE). If your social insurance number begins with a 9 you will also have to bring your work permit and proof of your immigration status.

Your employer is obliged to give you your ROE within 5 days of your last day of work. If you are having problems getting your ROE contact Service Canada at 1-800-206-7218. You should apply for EI immediately, even if you do not yet have your ROE.

Be sure to review the ROE carefully for any mistakes. Contact your employer to have any mistakes corrected. Do not make any alterations on your own to the ROE.

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What are my obligations while I am drawing EI benefits?

>You have to be available for work.
>You have to be actively looking for work.
>You must send in your weekly reports.
>You must report any income you receive.
>If asked, you must provide a record of your job search.
>If you are provided with job referrals by EI staff you must follow up on them.
>You must meet with EI staff when asked and participate in the required training programs and other activities.

If you do not fulfill your obligations, you may be disqualified from receiving EI benefits for a number of weeks. The disqualification could be carried forward to a future EI claim.

If you knowingly provide false or misleading information about your claim you could face severe penalties. Not only will you have to pay back the benefits that you should not have received, but you could be asked to repay as much as three times your weekly benefit. In addition, violations stay on your EI record for five years.

Although you do not have to take any job, you have to apply for and accept any job that the EI staff consider suitable for you.

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What do I include in the record of my job search?

>Copies of want ads that you respond to.
>Notes about Service Canada Centre job listings that you respond to.
>Notes about people and employers that you speak to about your job search.
>Copies of letters and applications.

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What can I do if I disagree with a decision made by the EI staff?
Decisions by EI staff can be appealed. All appeals must be made in writing and most must be made within 30 days. The first level of appeal is to the Board of Referees. Before appealing a decision you should consider seeking legal advice.

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What kind of help can I get from the clinic?
We can explain how the system works and if someone is denied benefits we can help them draft a letter of explanation to Employment Insurance. If the claim is once again denied, we can represent the claimant, depending on the case, at the Board of Referees. We may also represent the applicant before the Umpire.

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