- April 5, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
This incident took place in 2022, where the individual received a letter from EI stating that they were not paid for a week due to taking training of their own initiative and failing to prove availability for work. Despite the understanding that EI does not cover training periods, the individual asserts that their employer should have compensated them for attending mandatory training essential for maintaining their job certification.
## Impact on EI Payments and Reapplication Process
The training spanned a week, during which the individual did not receive payment and faced delays in EI payments due to a prolonged claim investigation. The subsequent reapplication process further complicated matters, resulting in significant financial strain as payments were only retroactively issued from the reapplication date. The individual is now faced with the challenge of disputing the non-payment within a limited timeframe.
## AI Legalese Decoder Assistance
The AI Legalese Decoder can play a crucial role in resolving this predicament by interpreting the legal jargon and regulations associated with EI payments. By leveraging this tool, the individual can gain clarity on their rights and entitlements, enabling them to navigate the dispute process effectively. Additionally, the AI Legalese Decoder can provide guidance on potential recourse options and strategies for seeking compensation for the lost EI payments.
## Seeking Resolution and Guidance
In this challenging situation, the individual expresses uncertainty about the next steps and seeks advice on the feasibility of securing payment for the training period. Despite facing hurdles and unhelpful interactions with Service Canada in the past, the individual remains determined to address the issue before the April 7th deadline. Any insights, suggestions, or experiences shared by others would be greatly appreciated as the individual strives to mitigate the financial repercussions of this ordeal.
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The requirement under the EI act is two-fold:
a. Available for work
b. Actively seeking work
You were neither, so the coding for EI was correct.
However, I’m also confused by your timeline as you say you took the training, but it was in the middle of your claim i.e., you had EI either side of it, so why would you be saying your employer would pay it? You weren’t working for the employer at the time if you were on EI?
However, if you were on claim, and one week got messed up, you wouldn’t have messed up your claim nor needed to refile. The RoE would have stated when you were terminated/laid off; you would have claimed training for that week and missed EI claim for that week, but it would have continued the next week relatively uninterrupted.
Something is seriously missing from your timeline which is most likely why, along with the above, you were dinged. And guess what? You took the training of your own volition, regardless of whether you think you did or not. Nobody MADE you do it, your EMPLOYER didn’t force you, etc. It’s a regulatory component of your trade, that’s on you to schedule…a week out of work or a week out of your EI claim. You could choose NOT to do it and not be certified or NOT do it during your claim period.
However, maybe your incomplete story works somehow, I don’t see it, but you can file a formal appeal of the decision under EI. Lay out a clear timeline, including start of original claim, planned end of claim, end of work, start and end of training, etc. If you want to argue it wasn’t voluntary, you’ll have to explain why you couldn’t have done it while not on claim. I wouldn’t hold your breath though.
As for whether your employer pays you while you’re recertifying with the trade, there’s very little hard and fast rules about that. Some do, some don’t. Most try to put it as part of their contract.
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