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Resigning versus termination of job

Lost_Voyager

Newbie
Jul 19, 2019
2
0
Background:
I'm a permanent resident in Canada within my first year here. I have already worked minimum number of hours to be eligible for EI (Employment Insurance).

Current Situation:
My reporting structure has changed, so too job responsibilities and I'm being criticized (nothing in writing, just orally) at every opportunity. Also been dropped hints (again just orally) that things don't look too well for me. Cutting to the chase, I'm so fed up that I want to put in my papers. Upon going through eligibility conditions for claiming EI, it seems I can still make a case through one or more reasons outlined in:
1) "A number of circumstances for quitting are considered just cause", https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/quit-job.html

2) "List of 40 Main Circumstances to Take Into Consideration", https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/reports/digest/chapter-6/checklist.html#a6_8_1

Question:
Should I risk resigning and claim EI and hope it gets approved? Or alternatively wait for employer to terminate my employment? I'm not keen on the latter as things are quite unbearable at workplace right now.

Thanks for your comments and suggestions!
 

Copingwithlife

VIP Member
Jul 29, 2018
3,923
1,896
Earth
On your ROE it’ll tell EI why you’re no longer working . Terminated or quit will send your claim to adjudication . For either , someone, that being an adjudicator, more than likely will call you . or employer or both .
The agents answering the phones at EI are not adjudicators, they will take your side of the issue and send a report to that department.
Note , if you’re going to quit, make sure you’ve talked to your employer regarding the situation, document EVERYTHING, and I mean EVERYTHING , reasons , dates , times . If you call EI , the agent will require this information to send to adjudication. Give everything you got
If you just quit without substantiating your reason , EI, can and will refuse your claim
If you get canned for “ just cause “, and you file a claim, once again , adjudication
Shortage of work reason on a ROE, aka laid off will be a auto benefit , meaning benefits are approved by the system , without human intervention
 
Last edited:

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
Would be much better for you be terminated. If you habe thr savings and don't need the EI but if you need EI don't quit.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Background:
I'm a permanent resident in Canada within my first year here. I have already worked minimum number of hours to be eligible for EI (Employment Insurance).

Current Situation:
My reporting structure has changed, so too job responsibilities and I'm being criticized (nothing in writing, just orally) at every opportunity. Also been dropped hints (again just orally) that things don't look too well for me. Cutting to the chase, I'm so fed up that I want to put in my papers. Upon going through eligibility conditions for claiming EI, it seems I can still make a case through one or more reasons outlined in:
1) "A number of circumstances for quitting are considered just cause", https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/quit-job.html

2) "List of 40 Main Circumstances to Take Into Consideration", https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/reports/digest/chapter-6/checklist.html#a6_8_1

Question:
Should I risk resigning and claim EI and hope it gets approved? Or alternatively wait for employer to terminate my employment? I'm not keen on the latter as things are quite unbearable at workplace right now.

Thanks for your comments and suggestions!
You can expect an EI claim to be refused. You need to make the effort to address the issues with your employer first.
 
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Copingwithlife

VIP Member
Jul 29, 2018
3,923
1,896
Earth
You can expect an EI claim to be refused. You need to make the effort to address the issues with your employer first.
That is incorrect . Claims are not automatically refused , the system reads the reason in the ROE
Service Standard is 28 days from the date of application, if a claim goes to adjudication, that will take longer
The applicant wants to file a claim and immediately call EI with the information regardless whether they quit or were terminated
I was laid off , got a job , quit . EI benefits terminated . However before I quit I made sure I documented what transpired. Claim went to adjudication, week later , benefits restarted and back payments repaid
And if you disagree with the decision if it’s refused you can request for reconsideration

https://www.canada.ca/en/services/benefits/ei/ei-reconsideration.html
 
Last edited:

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
That is incorrect . Claims are not automatically refused
I was laid off , got a job , quit . EI benefits terminated . However before I quit I made sure I documented what transpired. Claim went to adjudication, week later , benefits restarted and back payments repaid
I didn't say it was automatic. I have personal experience of trying to help a family member who quit in similar circumstances and they were refused. We asked for reconsideration and were still refused because they did not try to address the issues with the employer.
 

mira_johnson

Hero Member
Sep 30, 2015
274
10
Visa Office......
London
NOC Code......
3143
App. Filed.......
01-2017
Med's Request
Upfront
Med's Done....
12-2016
VISA ISSUED...
10-2017
LANDED..........
10-2017
Does your employer have a collective agreement? Also, if you wait it out and don't quit on your own, do you think your employer might fire you for "just cause"? If the latter is possible, then wouldn't this also be a reason for IE claim to be refused? (in addition to the complications when applying for your next employment they'd ask you what happened to your previous one).
 

mira_johnson

Hero Member
Sep 30, 2015
274
10
Visa Office......
London
NOC Code......
3143
App. Filed.......
01-2017
Med's Request
Upfront
Med's Done....
12-2016
VISA ISSUED...
10-2017
LANDED..........
10-2017
Best of luck!
 

Jets13

Hero Member
Dec 12, 2016
783
177
Thanks all for your valuable advice! Certainly helps make a more informed decision.
in the meantime, look for work somewhere else while you make this decision. Maybe you will get lucky and find another job while you are still working here and can hand in your notice and not go on EI
 

Qwertypod

Hero Member
Jan 28, 2019
817
272
Why not make efforts to find another job instead?
Agree with this, I don't understand the bee-line to EI. You will have to drastically change your lifestyle while on EI. If you get approved you will only receive a max of 55% of what you're making now.