#EI #Employment Insurance #Hong Kong #Immigration

Complete guide to applying for EI! Secrets to speeding up EI approval!

Staying financially secure while taking a break from work.

時代浪人 - Era Ronin
7 min readDec 1, 2023

After nearly 3 months, I finally got a call that I’m eligible for Employment Insurance (EI). Throughout this time, I’ve picked up some skills that can make the application process smoother, some of which haven’t been mentioned online yet.

Now, let me put together some key points about EI and some less noticed details, including how to speed up the application process. I hope this can help everyone, especially those who are new to Canada and not yet familiar with labor rights and benefits here.

The content is based on British Columbia, and corrections are welcome if there are any errors.

Table of Contents:

  • Am I eligible to apply EI?
  • What is considered as misconduct?
  • How much and how long does EI pay?
  • Termination Pay vs. EI
  • **The EI Application Process!
  • **Follow-Up Strategies! Dealing with Bad Employers!

Am I eligible to apply EI?

Generally, if you meet the following conditions, you may qualify for EI:

  1. You have worked a certain number of hours in Canada;
  2. You were not voluntarily quit your job, or you had just causes for quitting;
  3. And you did not have any misconduct during your employment.

For example, being laid off due to company downsizing can be considered involuntary unemployment. On the other hand, leaving your job due to experiencing sexual harassment, bullying, or violence in the workplace would be considered leaving with just cause. In some cases, even self-employed individuals may be eligible for EI.

However, if you are fired from your job for reasons such as theft or harassing colleagues, it would be considered dismissal with just cause due to misconduct, making you ineligible for EI benefits.

What is considered as misconduct?

I found some interesting cases! It turns out that drinking alcohol during work is not considered misconduct. If your employer fires you for drinking on the job, you may still be eligible for EI. As long as you are not:

  • Heavily intoxicated
  • Engaging in dangerous behavior such as drunk driving
  • Allowing alcohol consumption to affect your work performance
  • Given warnings before being dismissed, or if the company has clear policies regarding this behavior

Other examples of behavior that do not constitute misconduct include: tardiness, personality clashes, and cases where a company’s zero-tolerance policy results in termination (even if the company states that they do not tolerate any mistakes, you still have a chance to receive EI benefits in such situations).

In my case, my employer terminated me citing “Not the right fit,” which falls under dismissal without just cause. But was I really unsuitable? Are my performance and attitude really below standard?

I disagree. I simply continued to report to my boss about the case that company’s practice of allowing employees to voluntarily work overtime without compensating them, as well as potential safety issues in the work environment.

From this, the real reason for my dismissal by the employer is quite clear. However, since the company can allow me to receive pay to take extended leave, how could I possibly object? Otherwise, I wouldn’t be able to sit in front of the computer now, sharing this helpful experience with everyone.

How much and how long does EI pay?

EI benefits are calculated using a formula based on “the highest average of your earnings over 14 to 22 weeks”, multiplied by 55%. This is the amount of EI you can receive before taxes, with a maximum of $650 per week in 2023. This amount is then reduced by a portion of federal tax (in my case, $68 is deducted from the $650), resulting in the final EI amount per week ($582) that I can receive every week.

As for the number of weeks with the highest earnings, it depends on the unemployment rate in your province. The range fluctuates between 14 and 22 weeks. The higher the unemployment rate in your area, the fewer weeks are considered for calculating your highest earnings. That is, the average income per week will be higher, which is more advantageous for you.

The duration of EI benefits depends on your work hours and the unemployment rate in your area, ranging from a minimum of 14 weeks to a maximum of 48 weeks. Generally, if the unemployment rate is 6% or below, the duration is 36 weeks. For detailed formulas, please refer to the following link:

How much you could receive

Look up EI Economic Region by Postal Code

Termination Pay vs. EI

EI, provided by the government, is unemployment insurance. As for Severance pay, Termination pay, and pay in lieu of notice, all three serve the purpose of providing financial support when you’re terminated, facilitating a smooth transition to new employment. Employers are required to provide one of these when terminating you, provided you did not commit serious misconduct.

For example, if your employer terminates you without prior notice, they must compensate you with wages equivalent to the notice period, which is a minimum of 1 week and may increase to 2 weeks depending on your tenure with the company, up to a maximum of 8 weeks.

**The EI Application Process!

Alright, now for the most crucial and exclusive part of the whole text. For the sake of clarity, all administrative in Canada will be referred to as “Agent.”

  1. Once you’re informed about your termination, it’s important to check with your employer about the reason behind it, whether it’s with just cause or not. Also, make sure to ask your employer for your Record of Employment (ROE). They are required to give you the ROE within 5 days of your job loss, which will explain why you were let go.
  2. To create an account on My Service Canada, you’ll receive a Security Code by mail during the application period, which you’ll need for registration. For faster service, you can visit a Service Canada Centre to get the code. This account lets you see all your ROEs and track your EI application progress.
  3. Once you’ve successfully logged into your My Service Canada account, you can start filling out the EI application form. Even if you haven’t received your ROE yet, you can choose to submit it later.
  4. Wait for the EI Agent to follow up. They’ll call you and your employer to confirm why you were terminated (they may call from a blocked number). Just be honest and mention key terms like Layoff or Dismissal without just cause.
  5. Wait for the Agent to confirm EI eligibility over the phone.

**Follow-Up Strategies! Dealing with Bad Employers!

In an ideal scenario, the processing of EI should be completed within 28 days. However, in the real world, there are many variables. If, like me, you encounter lazy, irresponsible, or uncooperative employers who never answer the Agent’s calls, don’t proactively contact the Agent, or delay providing your ROE, or even if they provide the ROE, the information inside is incorrect, the wait time for EI payment could be even longer. I’ve seen some unfortunate individuals on Reddit waiting for nearly a year! To avoid this predicament, we need to follow these steps for follow-up!

  1. You need to proactively follow up on the progress of your EI application. While the My Service Canada website displays the application’s status, it lacks many details and important information, such as whether the Agent successfully contacted the employer, if the Agent needs more information, whether the employer provided information to the Agent, or if the Agent may have overlooked your application. Therefore, to effectively track the application status and address any issues, it’s necessary to continuously call the EI inquiry line to follow up with the Agent. You can find the EI inquiry phone number here: EI Contact information Individuals
  2. Find a diligent Agent to follow up with. Each Agent’s experience and level of dedication vary; some will provide detailed answers to your questions and disclose application status, while others may simply instruct you to wait. If you encounter an Agent who does not disclose application progress (approximately 1 in 3), please hang up and call again to speak with another Agent for further inquiry.
  3. Escalation. If you’re unable to reach your employer after communicating with the Agent, request the Agent to send a formal notice to the employer. You can even ask the Agent to escalate the matter (failure to respond or issue the ROE could result in penalties for the employer).
  4. You need to proactively reach out to your former employer. Typically, the Agent contacts the employer using the contact information provided on the ROE (which may not necessarily be your direct supervisor and may not always be reachable by phone). If the phone call is unsuccessful, the Agent will leave a voicemail or send a written notice, then wait for the employer’s response without further follow-up. This process is quite inefficient. Therefore, it’s best for you to initiate contact with your former employer through various means, such as calling, emailing, or even visiting in person.
  5. As a last resort, if several months pass with no progress, you can contact your local Member of Parliament (MP) for assistance. On Reddit, there’s an example where someone waited for EI for almost six months with no progress. Only after reaching out to their MP did they discover that their account had been compromised, leading to the lack of progress in their application. They hadn’t been informed of this by any Agent. Additionally, many Reddit users reported significant progress within a week of seeking help from their MP.

Hope this helps everyone!

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時代浪人 - Era Ronin
時代浪人 - Era Ronin

Written by 時代浪人 - Era Ronin

三十不立,來回香港和加拿大。無固定的家,活像流浪漢。 Thirty, with no career, relocated from Hong Kong to Canada. Without a stable home, living like a homeless.

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