Job lost - Advice

[Bethel7]

Hello,
Just last month April, I resigned from my job due to some Safety and Security reasons. Received my record of employment. I live in Alberta, and was just thinking of applying for job seekers monthly allowance or Social Assistance to enable me pay my rent pending when I get a new job again. I have never received any financial help from the Government since I came to Canada.
But I am afraid to apply for it, cos a friend told me that it will affect my Citizenship application which comes up by next year.
Please I need an advice on the way forward.
Thanks for helping as usual.

 

[nguyentu2001]

Hello,
Just last month April, I resigned from my job due to some Safety and Security reasons. Received my record of employment. I live in Alberta, and was just thinking of applying for job seekers monthly allowance or Social Assistance to enable me pay my rent pending when I get a new job again. I have never received any financial help from the Government since I came to Canada.
But I am afraid to apply for it, cos a friend told me that it will affect my Citizenship application which comes up by next year.
Please I need an advice on the way forward.
Thanks for helping as usual.

why should you be afraid? You are entitled to get this benefit. There is no statement saying that it would affect citizenship application. It is only your friend's assumption.

 

[andriy155]

I'd say, applying for the benefits is actually good for your citizenship application! If they decide to ask you to prove that you have actually been living in Canada, when you apply for citizenship, your benefit application would be a good proof.

 

[NS_SJ]

I totally agree with nguyentu2001 & andriy155. You dont have to worry about your citizenship application at all. Dont be afraid. You are entitled to get this benefit. There is no statement saying that it would affect citizenship application. Its actually a good proof for your presence in Canada.

 

[Bethel7]

Hello Guys,
Thanks for your prompt response. You have all made my days. I wish you all peace, long life and joy beyond measure. Thanks,

 

[NS_SJ]

Hello Guys,
Thanks for your prompt response. You have all made my days. I wish you all peace, long life and joy beyond measure. Thanks,

Thank you and wish you the same! Take care. Hope everything goes well for you.

 

[eileenf]

Hello,
Just last month April, I resigned from my job due to some Safety and Security reasons. Received my record of employment. I live in Alberta, and was just thinking of applying for job seekers monthly allowance or Social Assistance to enable me pay my rent pending when I get a new job again. I have never received any financial help from the Government since I came to Canada.
But I am afraid to apply for it, cos a friend told me that it will affect my Citizenship application which comes up by next year.
Please I need an advice on the way forward.
Thanks for helping as usual.

I want to mention two things:

1. We all have difficulty, we all need help sometimes. If Employment Insurance benefits (which you may qualify for based on your description of why you left your job) or Income Support could be helpful to you, help you pay rent and eat and focus on finding new stable employment, please do not be afraid to apply. That's why it's there. To help us when we need it.

2. There is a grain of truth in what your friend said, but they mixed up important details. You will not be punished for accessing services to which you are entitled, but you may want to consider minimizing or avoiding travelling outside of Canada before you apply for citizenship. Periods of unemployment coupled with any reported travel can trigger the dreaded Residence Questionnaire "A5 – Self-identified as a consultant, self-employed or unemployed, with any travel during the relevant 4 year period." []residencequestionnaire.wordpress.com/rq-risk-indicators/]

 

[123sMike]

Unemployment can trigger an RQ, since unemployed person can be assumed to have left the country..you can apply and prepare of the RQ as well

 

[Msafiri]

Hello,
Just last month April, I resigned from my job due to some Safety and Security reasons. Received my record of employment. I live in Alberta, and was just thinking of applying for job seekers monthly allowance or Social Assistance to enable me pay my rent pending when I get a new job again. I have never received any financial help from the Government since I came to Canada.
But I am afraid to apply for it, cos a friend told me that it will affect my Citizenship application which comes up by next year.
Please I need an advice on the way forward.
Thanks for helping as usual.

As has been pointed out your claim for EI will not prevent you from applying for citizenship if you meet the other criteria. However getting EI when you have quit your job is a hard sell. Service Canada will want to know the safety/security reasons you state. In the interests of justice and fairness they will want to know the employers side of the story...they may arrange for an inspection team to visit the employers site. If your claim is true then you will get EI...if not and the employer decides to take legal action then its a whole different ball game!!

 

[eileenf]

However getting EI when you have quit your job is a hard sell. Service Canada will want to know the safety/security reasons you state. In the interests of justice and fairness they will want to know the employers side of the story...they may arrange for an inspection team to visit the employers site. If your claim is true then you will get EI...if not and the employer decides to take legal action then its a whole different ball game!!

What sort of legal action are you suggesting a former employer could take in response to someone talking with Service Canada to enquire about whether they qualify for EI? I have never heard of such a situation. I worry that your comment may give unnecessary anxiety to someone in a difficult situation. I think we need to be careful about spreading anxiety unless we have good facts to back it up.

The question is whether they lost their job due to no fault of their own. Safety and security issues may indicate an unhealthy, unsafe working environment that someone would not be considered "at fault" for leaving. Only Service Canada can decide, but either way, this person is not going to be the subject of legal action just for talking to Service Canada. The real risk they run is in losing a possibly good reference from their past job, as well as waiting too long after leaving their job (more than 4 weeks) to apply. But these are things that the person needs to judge, based on the facts of their actual situation.

Here is the info from Service Canada servicecanada.gc.ca/eng/ei/types/regular.shtml#eligible:
Am I eligible for EI regular benefits?

You may be entitled to receive EI regular benefits if you:

have paid premiums into the EI Account;
lost your employment through no fault of your own;
have been without work and without pay for at least seven consecutive days in the last 52 weeks;
have worked for the required number of insurable hours in the last 52 weeks or since the start of your last EI claim, whichever is shorter;
are ready, willing, and capable of working each day; and
are actively looking for work (you must keep a written record of employers you contact, including when you contacted them).

You may not be entitled to receive EI regular benefits if you:

voluntarily left your employment without just cause;
were dismissed for misconduct; or
are unemployed because you are directly participating in a labour dispute (strike, lockout, or other type of dispute).

 

[eileenf]

Unemployment can trigger an RQ, since unemployed person can be assumed to have left the country..you can apply and prepare of the RQ as well

Unemployment by itself is not a known RQ trigger. There is no public CIC documentation, or ATIP requests suggesting that.

However, unemployment + travel is a trigger.

 

[Msafiri]

What sort of legal action are you suggesting a former employer could take in response to someone talking with Service Canada to enquire about whether they qualify for EI? I have never heard of such a situation. I worry that your comment may give unnecessary anxiety to someone in a difficult situation. I think we need to be careful about spreading anxiety unless we have good facts to back it up.

The question is whether they lost their job due to no fault of their own. Safety and security issues may indicate an unhealthy, unsafe working environment that someone would not be considered "at fault" for leaving. Only Service Canada can decide, but either way, this person is not going to be the subject of legal action just for talking to Service Canada. The real risk they run is in losing a possibly good reference from their past job, as well as waiting too long after leaving their job (more than 4 weeks) to apply. But these are things that the person needs to judge, based on the facts of their actual situation.

With respect I think it will help if you re-read my entire paragraph on the section instead of cherry picking a line....I comment that if it turns out to be a false allegation in regards to the safety/security then the employer may decide to take legal action for defamation. I say nothing about Service Canada taking legal action although this can happen for a false claim that's paid out.

Most decent employers operating with the law have a comprehensive OHS policy so for the OP to get to the point where he quit it sounds like it may be some type of sketchy situation/employer. I'm effectively advising the OP to make sure his/her quit reason is legit prior to EI claim.

 

[mikeathome]

With respect I think it will help if you re-read my entire paragraph on the section instead of cherry picking a line....I comment that if it turns out to be a false allegation in regards to the safety/security then the employer may decide to take legal action for defamation. I say nothing about Service Canada taking legal action although this can happen for a false claim that's paid out.

Most decent employers operating with the law have a comprehensive OHS policy so for the OP to get to the point where he quit it sounds like it may be some type of sketchy situation/employer. I'm effectively advising the OP to make sure his/her quit reason is legit prior to EI claim.

I like to underline this. Especially when a safety inspector shows up on site to investigate the allegations. If there is interference with the inspectors work leading to delays or shutdowns and all allegations are proofed halt-less as a result of the inspection than the former employer might seek a reimbursement for false allegations and/or defamation.

So be warned.

mike

 

[eileenf]

I like to underline this. Especially when a safety inspector shows up on site to investigate the allegations. If there is interference with the inspectors work leading to delays or shutdowns and all allegations are proofed halt-less as a result of the inspection than the former employer might seek a reimbursement for false allegations and/or defamation.

So be warned.

mike

Being sued by a former employer for defamation because of mentioning health and safety concerns while filing for EI benefits is hypothetically possible, ["there is nothing precluding a corporate employer from pursuing a defamation claim against a former employee: Walker et al v. CFTO Ltd. et. al. [1987] O.J. No. 236";] and I take the point that the previous employer may be pretty sketchy, but this is an extremely uncommon occurance. The very few references I have been able to find with such a situation typically involve people speaking to the press. A lot of people read these forums, so I don't want to dissuade people from getting help they qualify for and need dearly based on such an extremely unlikely probability.

This is said with the assumption that the Original Poster is telling the truth. Lying to get EI benefits one is not entitled to could open a person up for legal trouble and throws out the best defence against accusations of defamation; that it's the truth (a statement is not defamatory if it is true).

The Original Poster could speak to Service Canada, describe their situation and ask for their opinion without making a formal request or complaint if they want to get a sense of the likelihood of the success of a possible claim or the likelihood of experiencing problems from their former employer.

I think the most likely repercussion from filing for EI based on the unhealthy/unsafe environment at a previous job, and the one that justifies more worry, is losing a possibly positive reference for the next job. It is important to consider the effect of a claim of unhealthy/unsafe working conditions against the importance of establishing good local references and a positive Canadian work history.

 

[mikeathome]

This a bit off-topic:

Her's what you should do if you have concerns about your health and safety being affected in a work environment.
You contact the MOL or EAP (Ministry of Labor or Employee Assistance Program). Both will treat your concerns strictly confidential and you'll remain anonymous. This works for both, health and safety as well as all kinds of harassment or discrimination (incl. mobbing, sexual harassment etc). For environmental concerns contact the MNR (Ministry of Natural Resources), they have officers to enforce laws very fast.
In case of health and safety issues the MOL is very sensitive. If you e.g. give them a call and tell them that your boss forces you to work on a scaffolding w/o proper tie-off they'll send an inspector almost immediately (there was an accident last year with 4 dead workers in Toronto because of such).

By following these procedures you are protected and if you should lose your job because of that almost every lawyer in Canada will support you in court against your former employer (that's how they make their income). Also, the fines are high for employers and you might be entitled for an adequate compensation which will add to your EI.

So, here's my recommendation on this: Don't just quit. Inform the MOL/EAP. If you are in doubt, rather call in sick and have the inspectors investigate the situation. You be protected that way.


Back to your case: I think you have bad cards claiming EI as you quit voluntary. Your allegations will have to be proofed by an official MOL inspector or P.Eng, otherwise I doubt that you'll be given EI. Most bigger employers won't engage in suing you as this presents bad press to the public (which is not good). A small enterprise though, which you might close down for a week or 2 until an inspector has proven safety, might not be that reluctant. Again, allegation about health/safety and environmental misdoes are no small incidents, they almost always will be investigated, at least in Ontario. It might be different in Northern Ontario but not in the GTA and Ottawa valley.

Sorry for the bad news.

mike