What is Suitable Employment 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
As a claimant, you are not expected to seek or accept employment that is not suitable. Technically, you cannot be disqualified from receiving EI for refusing an offer of employment, unless the vacancy, potential vacancy or employment opportunity was suitable, pursuant to the Employment Insurance Act, section 27(1)(a) and (b), and as defined in Employment Insurance Act, section 6(4), and Employment Insurance Regulation 9.002.
However, it must also be noted that if an employment opportunity appears to be suitable, the government’s position is that the onus will be on you, the claimant, to prove that it is not suitable employment.
EI Regulation 9.002 specifies certain criteria to be considered to determine whether employment is suitable:
1. Your health and physical capabilities allow you to commute to the place of work and to perform the work,
2. The hours of work are not incompatible with your family obligations or religious convictions, and
3. The nature of the work is not contrary to your moral convictions or religious beliefs.
The federal government further elaborated on the EI Regulations in an effort to assist individuals in the determination of what is considered suitable employment for purposes of EI – Employment Insurance, including:
1. Personal Circumstances
For example, job opportunities may not be considered suitable employment if:
• your health and physical capabilities do not allow you to commute to the workplace or perform the work required
• the hours you are required to work are not compatible with your family obligations (for example, you are a single parent working evenings or nights)
• the nature of the work is contrary to your moral convictions or religious beliefs
2. Working Conditions/Wages
For example, job opportunities may not be considered suitable employment if:
• the position offered is vacant due directly to a strike, lockout or other labour dispute
• the working conditions are unsafe
• the wage is lower than the minimum wage in the province or territory where you are looking for work
• the wage would place you in a less favourable financial situation than you are currently experiencing
3. Commuting Time
For example, job opportunities may be considered to be suitable employment if:
• the workplace is within an acceptable commuting time when taking into account your previous commutes and the average commuting time in the area where you live
Commuting time is assessed by taking into account the availability of public transportation, access to a vehicle and the commonly used mode of commute in your community.
4. Hours of Work
All hours of work, including part-time and shift work, hours per day and hours available outside your previous work schedule, may be considered to be suitable employment.
It should be noted that this is only guidance, and isn’t definitive, with the Courts not providing much further clarity, given the lack of judicial opinions being put forth on the concept of Suitable Employment, with one of the few court decisions in the past decade, Page v. Canada (Attorney General), 2023 FCA 169 (CanLII), concluding that the determination of Suitable Employment comes down to CONTEXT, which demonstrates how very open-ended the concept truly is.
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.