sakage.shinga Posted July 7, 2014 Share Posted July 7, 2014 Hi guys, I work a seasonal job that hires us at the end of August and goes to end of June of next year. At that time, the company lays us off for the summer due to lack of work and then gives us the option of being rehired at the end of August again. During the off-season, some of us claim EI since we were laid off. Last week, however, we were sent an email by the company asking us if we were planning on returning, and at the end of that email, it stated that if we were NOT planning on returning in the new season, that the company would change our Records of Employment (for the previous season that has already ended) from *laid off* to *resigned*. This has huge implications since it affects our EI applications. My understanding of EI is that we can only claim it if we were *laid off*, and that resigning from our jobs does not qualify us for EI. I'm wondering if it's actually possible for the company to do this? After all, we were all laid off at the end of the season due to lack of work, so legally speaking we are no longer employees of the company, so how does our not returning at the start of a new season change the fact that we were laid off in June? I personally feel that the company is either mistaken, or they're using this as a tactic to coerce as many of us to return as possible. Link to comment Share on other sites More sharing options...
BeaverTongue Posted July 7, 2014 Share Posted July 7, 2014 If they have laid you off then they can't change the status because you wont be returning.. I work as an HR Generalist. Link to comment Share on other sites More sharing options...
Dogbyte Posted July 7, 2014 Share Posted July 7, 2014 Well if you are laid off and they ask you to come back to work you can't claim EI for being laid off since you're no longer laid off. However, you only have to give EI your ROE once, unless it works differently in BC than in Alberta so you could theoretically keep claiming until your allowable claim hours are used up. Link to comment Share on other sites More sharing options...
zombieksa Posted July 7, 2014 Share Posted July 7, 2014 If they have laid you off then they can't change the status because you wont be returning.. I work as an HR Generalist. Exactly, if this is the case you have an argument to be made. I wouldn't worry. Link to comment Share on other sites More sharing options...
Derp... Posted July 7, 2014 Share Posted July 7, 2014 Employment Insurance Regular Benefits are available to individuals who lose their jobs through no fault of their own (for example, due to shortage of work, seasonal layoffs, or mass layoffs) and who are available for and able to work, but can’t find a job. Sounds like your eligible according to service Canada. Link to comment Share on other sites More sharing options...
PhillipBlunt Posted July 7, 2014 Share Posted July 7, 2014 Ensure you have physical proof of the company stating this. Then go to a Service Canada office and sit down with a rep there. They are actually really helpful and considerate people who will inform you of your rights and possibly start up your claim right there, and possibly contact the company on what looks to be an illegal practice. Best of luck Link to comment Share on other sites More sharing options...
sakage.shinga Posted July 7, 2014 Author Share Posted July 7, 2014 Thanks everyone for replying! Link to comment Share on other sites More sharing options...
zombieksa Posted July 7, 2014 Share Posted July 7, 2014 The only thing this would change if I am correct is that they would change your ROE to "not returning". In this case you will have to show proof of looking for work while laid off. Generally this involves going to the occasional seminar at your local SC office in which they give you PP presentations on how to use SC amenities in order to find employment. They will also ask you to document your job searching activites. They will have you record websites used, jobs applied for, resume review processes, etc. They are very flexible with workers trying to find work and understand that new opportunities do not come right away. Just make sure you record your searching process so you don't forget dates/emails etc. Link to comment Share on other sites More sharing options...
sakage.shinga Posted July 7, 2014 Author Share Posted July 7, 2014 The only thing this would change if I am correct is that they would change your ROE to "not returning". In this case you will have to show proof of looking for work while laid off. Generally this involves going to the occasional seminar at your local SC office in which they give you PP presentations on how to use SC amenities in order to find employment. They will also ask you to document your job searching activites. They will have you record websites used, jobs applied for, resume review processes, etc. They are very flexible with workers trying to find work and understand that new opportunities do not come right away. Just make sure you record your searching process so you don't forget dates/emails etc. Thanks! I've kept all my emails and dates of interviews, etc. Link to comment Share on other sites More sharing options...
Tre Mac Posted July 7, 2014 Share Posted July 7, 2014 You'll still be able to make a claim regardless its just might take longer for it to be approved. I was fired once but was still able to claim 48weeks of EI after I was able to prove I was wrongfully terminated. Link to comment Share on other sites More sharing options...
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