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I've Been Turned Down for Employment Insurance Benefits (view source)

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Employment Insurance (EI) may give one of these reasons for turning you down:
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| text      = '''Alert:''' As of April 1, 2013, all appeals for Employment Insurance must be submitted to a new Social Security Tribunal (SST). The Government of Canada's website provides a [http://www.canada.gc.ca/sst-tss/hta-cij/hta-cij-eng.html summary of the new appeal process]. <br>
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}}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 on the type of benefits you are seeking, your employment history, and the unemployment rate in the region where you live. Whatever the number of hours required, they must have been worked 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.  


If you have quit your job without just cause or were fired for misconduct, you <span class="noglossary">will</span> usually be disqualified from receiving any regular EI 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 were '''fired for''' ''just cause''.


''All such decisions are appealable.'' If EI has turned down your claim, or disqualified, disentitled or penalized you, you can <span class="noglossary">appeal</span> within 30 days of receiving the <span class="noglossary">decision</span> to the General Division of the Social Security Tribunal (SST). The Tribunal can usually overturn EI's <span class="noglossary">decision</span> if they believe that it was wrong. They cannot change the law, however.
* You quit '''without''' ''just cause''.


Some decisions cannot be appealed to the Social Security Tribunal, 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 <span class="noglossary">appeal</span> to the Minister of National Revenue and the Tax Court.  
* You are '''not available for work''' (includes not actively looking for a job). You may not be able get EI benefits until you are available for work.  


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


{{Tipsbox
| width = 90%
| tips = Choosing the right type of appeal can be tricky. Some "insurability" questions, such as whether your job was insured under the EI system, must be appealed to the Canada Revenue Agency (CRA) rather than the Social Security Tribunal. If in doubt about the right type of appeal to file, seek legal advice.
}}


== First steps ==
'''You can appeal any of these decisions'''
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.


#Complete a written [http://www.canada.gc.ca/sst-tss/hta-cij/eigendiv-divgenae-eng.html Notice of Appeal to the Social Security Tribunal General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure that you include all the information that is required on the form.
You can appeal (ask for a reconsideration of your claim) if EI:
#Submit the appeal form or letter to the SST by mail or fax within 30 days after receiving EI's <span class="noglossary">decision</span>. It is best to attach a copy of the <span class="noglossary">decision</span> you are appealing.
* has refused you benefits
* says you have to repay benefits
* has given you a warning letter and/or a penalty


== What happens next ==
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. 


After your appeal has been filed, the Social Security Tribunal will send you a copy of your EI file, which contains all the information EI used to make its decisions on your <span class="noglossary">application</span>. A Social Security Tribunal member will <span class="noglossary">review</span> EI’s file as well as your appeal form and any information you have provided, and decide if your appeal should go forward. If it is dismissed, the Tribunal member will send you the decision in writing.
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. See '''Where to get help'''.


If your appeal goes forward, the Tribunal member will determine if a decision will be made on the record or if a hearing will take place. A decision on the record means the Tribunal member will decide based on the material filed. 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.


Following the hearing, the Tribunal member will issue a decision and send you a copy.
'''First steps'''
 
If EI has turned down your claim, or disqualified, disentitled or penalized you, you can appeal '''within 30 days''' from the day you receive the decision. You appeal to the General Division of the Social Security Tribunal (SST). Here’s what you need to do:
 
# Complete the form, [http://www.canada.ca/en/sst/hta/eigendiv.html Notice of Appeal to the Social Security Tribunal (SST) - General Division], or write the SST a letter of appeal. If you write a letter of appeal, be sure to include all the information that is required on the form.
 
# Send the appeal form or letter to the SST by mail or fax. You must do this within 30 days from the day you received EI's decision. It is best to attach a copy of the decision you are appealing.
 
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 General Division'''.
 
 
'''What happens next'''
 
After you have filed 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, '''If you disagree with the Tribunal’s decision'''.
 
 
'''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.
 
 
'''If you disagree with the Tribunal’s decision'''
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 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'''.  


If you disagree with the decision made by the General Division, you can appeal to the second level of appeal at the Social Security Tribunal, 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 summarily dismiss your appeal. Your appeal must be filed within 30 days of receiving the General Division’s decision.


== Where to get help ==
== Where to get help ==
   
   
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:   
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 EI appeal decisions favouring workers].   
*[[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]].  
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*[[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.  
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 = [[Jim Sayre]], February 2013}}
{{REVIEWED | reviewer = [[Gayla Reid]], August 2014}}


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