What is a Reasonable Job Search for EI - Employment Insurance
Neufeld Legal P.C. can be reached by telephone at 403-400-4092 / 905-616-8864 or email Chris@NeufeldLegal.com
When your employment has come to an end, your receipt of employment insurance regular benefits is conditioned upon your undertaking a reasonable search for suitable employment. And to understand the legal obligations of a reasonable job search, one must begin with the underlying legislation, namely the federal Employment Insurance Act, which stipulates four (4) statutory requirements of a reasonable job search:
1. You must be available for work and unable to obtain suitable employment (EIA 18(1)(a));
2. You must be applying for & accepting suitable employment that you become aware of and that is vacant or becoming vacant (EIA 27(1)(a));
3. You must take advantage of any opportunity for suitable employment (EIA 27(1)(b)); and
4. You must be able to prove that you are making reasonable and customary efforts to obtain suitable employment (EIA 50(8)).
To understand what is expected from one’s Reasonable and Customary Efforts to search for suitable employment, one needs to turn Employment Insurance Regulation 9.001, which states:
9.001 For the purposes of subsection 50(8) of the Act, the criteria for determining whether the efforts that the claimant is making to obtain suitable employment constitute reasonable and customary efforts are the following:
(a) the claimant’s efforts are sustained;
(b) the claimant’s efforts consist of
(i) assessing employment opportunities,
(ii) preparing a resumé or cover letter,
(iii) registering for job search tools or with electronic job banks or employment agencies,
(iv) attending job search workshops or job fairs,
(v) networking,
(vi) contacting prospective employers,
(vii) submitting job applications,
(viii) attending interviews, and
(ix) undergoing evaluations of competencies; and
(c) the claimant’s efforts are directed toward obtaining suitable employment.
From the perspective of the federal government, you must be looking for a job every day that you are receiving regular EI benefits. You should be documenting all job search efforts for the entire duration of your claim. This includes the dates, names of employers you have contacted and their contact information, the type of work you were looking for and the results. This information should be kept in a safe place.
One needs to also understand that there are available exceptions that have been written into the EI Regulations in relation to this continuous reasonable job search, such as attending a funeral out-of-country or being out-of-country to receive medical treatment, either personally or by a prescribed family member (see EI Reg 55).
Also, as an alternative to immediately pursuing suitable employment, so as to receive regular employment insurance benefits, you may wish to return to school or upgrade your skills to help you find a new job, which can proceed by way one of the following options:
1. Taking training on your own while on EI;
2. Taking training while on EI with permission from your province/territory or an Indigenous organization; or
3. Taking training while on EI with permission from Service Canada (new option for EI claimants who have lost their job after several years in the workforce)
The specifics required of each of these training alternatives, which would allow you to receive regular employment insurance benefits during the course of your training are not covered here, and need to be specifically researched to get the most out of EI and other available government programs .
The legal parameters for employment insurance eligibility tends to be far greater than most people recognize, with the government actually dissuading many employees who are out of work from seeking EI, especially those who have quit their job or whose former employer claims to have fired them for cause, such that it is particularly important for those employees to contact a knowledgeable lawyer as soon as possible (and as we discuss elsewhere, for employees considering quitting their job, the optimal time to speak with a lawyer is in advance of quitting one's job). Furthermore, there may well be other payments due to yourself that you haven't considered when you lose / depart your job, such that legal advice is strongly recommended. For a free consultation regarding your post-employment situation, contact our law firm in strict confidence, by telephone at 403-400-4092 or 905-616-8864, or via email at Chris@NeufeldLegal.com.
Breaking-down EI - Employment Insurance:
What is Employment Insurance - EI
Who is Eligible for EI - Employment Insurance
What is Suitable Employent for purposes of EI - Employment Insurance
What is a Reasonable Job Search for purposes of EI - Employment Insurance
Quitting & Seeking EI - Importance of Advance Legal Consultation
Quitting for Cause and EI - Employment Insurance
| Don't leave behind earned money that
you are legally entitled to, just because you are looking
for a new job. To learn more, contact our law firm at Chris@NeufeldLegal.com or 403-400-4092 / 905-616-8864. |
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.