Hiring a lawyer to take advantage of employment insurance

The Employment Insurance Act (LAE), also known asunemployment insurance, is aimed at jobseekers. It enables them to receive financial compensation during their period of professional inactivity. Here’s a look at the ins and outs of this program, and why you need a lawyer to help you take advantage of employment insurance.

Eligibility for employment insurance

The social program provides security for Canadians in financial difficulty, but what does it involve?

A reminder about Employment Insurance in Canada

Employment insurance provides a financial boost to the unemployed and helps them return to work. It is divided into 2 sub-categories:

• • An hours-based plan tracks hours of work and overtime, and sets a standard for assessing Canadians’ work history;

• • A family income supplement protects the disadvantaged: low-income households with several dependent children.

Employers and communities implement the measures for employees. Regular monitoring is organized, culminating in a monitoring and evaluation report. This report is submitted to Parliament and guarantees the application of the measures.

What are the eligibility criteria for employment insurance?

Under the Employment Insurance Act, acceptance of a claim for Employment Insurance benefits is based on several criteria set out in the Eligibility Determination Guide. These include :

• • Loss of the claimant’s job ;

• • No income for at least 7 consecutive days;

• • Ability to work and availability;

• • Inability to find suitable employment;

What jobs are insurable?

All types of employment are insurable. There are, however, certain professions that pose problems: service contracts and employment with a related employer.

Under a service contract, the employee is insurable, but not the independent contractor. The employee performs tasks assigned by his employer, while the contractor performs tasks that he has undertaken to perform for a customer.

Employment with a related employer means that the employee is related to the employer by blood, adoption, marriage, etc. This means that the employee’s employment is not insurable. However, he or she becomes eligible if he or she can convince Revenue Canada that he or she would be able to enter into a similar employment contract if he or she were not related to the employer.

What are the insured’s rights during the employment insurance benefit period?

You can receive the benefits that correspond to your entitlements. You can even request a review of decisions concerning benefits that you feel are unsatisfactory. The application process takes place on theEmployment Insurance website.

You can also consult the government files that record your personal information and receive them in the language of your choice.

What are the insured’s responsibilities during the employment insurance benefit period?

The program sets out a number of responsibilities for the insured:

• • Willingness to work;

• • Multiply the search forsuitable employment;

• • Participate in job search activities to enhance work opportunities (register in job search tools, write cover letter and resume, attend job fairs, participate in skills assessments, make contact with potential employers…);

• • Report job refusals to employment insurance;

• • Keep detailed records as proof of efforts to find suitable employment;

• • Declare periods of inability to work;

• • Provide a medical certificate confirming the duration of incapacity;

• • Declare periods of unavailability.

It also reports periods of absence and travel outside Canada.

The intervention of an employment insurance lawyer

Claiming employment insurance benefits is no small matter. That’s why you need a lawyer to speed up the process.

Why use a lawyer for employment insurance?

The Minister of National Revenue and the Minister of Human Resources Development administer the Employment Insurance Act and decide on the insurability of claimants. However, a claimant may challenge the decision before the Appeals Division of theCanada Revenue Agency or the Tax Court of Canada.

Both the Minister and the taxpayer can call on the services of a lawyer to defend their decision and obtain legal advice.

How do I choose a lawyer to take advantage of employment insurance?

The best way to find a reliable legal expert is to contact several lawyers. Preliminary meetings will give you an initial idea of the lawyer’s expertise.

During the initial contact, ask for the lawyer’s fees, accepted method of payment, specialty, experience, areas of expertise… Then filter your search and give preference to a lawyer specializing in employment law, who will successfully handle a case involving employment insurance litigation.

Conclusion

An employment lawyer is essential to obtaining employment insurance. It will determine your success in an administrative appeal. It will improve your chances of obtaining employment insurance. He or she will also advise you on the best legal course of action to take to get out of a dispute over the decision to grant employment insurance benefits.