Quitting For Cause & Seeking EI

Neufeld Legal P.C. can be reached by telephone at 403-400-4092 / 905-616-8864 or email Chris@NeufeldLegal.com

Why is quitting ‘for cause’ so important?

Employees that quit their job ‘for cause’ tend to be entitled to receive EI – employment insurance benefit payments, given the specific wording in the Canadian Employment Insurance Act:

30 (1) A claimant is disqualified from receiving any benefits if the claimant lost any employment because of their misconduct or voluntarily left any employment without just cause, unless

(a) the claimant has, since losing or leaving the employment, been employed in insurable employment for the number of hours required by section 7 or 7.1 to qualify to receive benefits; or

(b) the claimant is disentitled under sections 31 to 33 in relation to the employment.

The key is that the employee is not disqualified from the receipt of EI, such that they must satisfy the legislative definition of ‘for cause’ to effectively claim their entitlement to employment insurance benefit payments, which can be a somewhat complex legal process.

But what does ‘for cause’ mean, as the Employment Insurance Act begins with the following legislative position:

29 (c) just cause for voluntarily leaving an employment or taking leave from an employment exists if the claimant had no reasonable alternative to leaving or taking leave, having regard to all the circumstances,

and than proceeds to provide a list of fourteen (14) legislatively prescribed areas justifying ‘for cause’ job departures, while the federal government’s website provides a far more expansive list of forty (40) main reasons that the jurisprudence has historically considered in this regard, together with the department’s interpretation and its perception of reasonable alternatives.

From a legal standpoint, the key is the legislation, as opposed to the explanations provided on the government’s website or the department’s internal manual that directs their staff in how they interact with employee claimants, although this can be a very frustrating process, given government mandates to control outflows.

The fourteen (14) legislatively prescribed areas justifying ‘for cause’ job departures, set out in subsection 29 (c) of the Employment Insurance Act, are as follows:

(i) sexual or other harassment, span>

(ii) obligation to accompany a spouse, common-law partner or dependent child to another residence,

(iii) discrimination on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act,

(iv) working conditions that constitute a danger to health or safety,

(v) obligation to care for a child or a member of the immediate family,

(vi) reasonable assurance of another employment in the immediate future,

(vii) significant modification of terms and conditions respecting wages or salary,

(viii) excessive overtime work or refusal to pay for overtime work,

(ix) significant changes in work duties,

(x) antagonism with a supervisor if the claimant is not primarily responsible for the antagonism,

(xi) practices of an employer that are contrary to law,

(xii) discrimination with regard to employment because of membership in an association, organization or union of workers,

(xiii) undue pressure by an employer on the claimant to leave their employment, and

(x(xiv) any other reasonable circumstances that are prescribed.

Now, some of these ‘just cause’ circumstances are relatively straightforward and unambiguous, such as sexual harassment and racial discrimination, while others are more detail oriented and subject to ‘reasonable alternatives’ considerations, such as changes in work duties and excess overtime work.

However, in my professional estimation, the most underappreciated, yet most prevalent, ‘just cause’ circumstance may well be paragraph (xi) “practices of an employer that are contrary to law.” And without delving too deeply into my rationale for this belief, this is something that I believe impacts an inordinate number of employees, in particular employees working in the province of Alberta, although there are also many employees across Canada who could raise this particular ‘just cause’ circumstance for quitting their job and be entitled to receive employment insurance benefit payments.

Naturally, this is heavily dependent upon specifics as to the particular employment situation and the actions taken in advance of the employee’s departure, given the department’s posture on the phrase in the statute that “the claimant had no reasonable alternative to leaving”, as is evident from the insufficient proposals listed on the government’s website, such that advancing this course of action is best undertaken with a knowledgeable lawyer and the recognition that there can be significant pushback from the government.

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.		  

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