Getting let go (EI inquiry)

[Lights 56]

Curious to know if anyone has been in this situation...

I had my POE about 3 weeks ago. Prior to that, I was going on unpaid leave for my company. I ended up taking my vacation time for the last 2 weeks because I wanted to get paid and have a bit of buffer money while I transitioned. I got off vacation and was suppose to start my un-paid leave when my VP changed his mind and ended up terminating my employment.

Does EI work differently now that I am technically terminated? I wasn't going to apply for it after EAD/AP because I would have my job and have other companies interested in me (and are based in the US versus in Canada).

Thanks for any input.

[Lights 56]

Sorry for the second post... but after research, I realized that I want to voluntarily quit so that I can say that I quit to be with my spouse? As my role being redundant and me already being in the US could cause issues?

The details given for my termination was company and department restructuring and not to do with unwillingness to work or performance. Not sure where to go from this point.

[NikLR 13,220]

You can contact Service Canada and inquire if you are eligible for EI due to being laid off because of restructuring vs actually being terminated due to you doing something wrong. IMHO you were laid off, not really fired.

[Lights 56]

You can contact Service Canada and inquire if you are eligible for EI due to being laid off because of restructuring vs actually being terminated due to you doing something wrong. IMHO you were laid off, not really fired.

Thank you. I will certainly do that. I was definitely not terminated due to doing something wrong. My VP wants to help me "land on my feet" and give me glowing references. The reason he gave me was because he was making internal changes and restructuring.

I'm just concerned that I will have difficulty getting EI for being laid off, instead of voluntarily quitting (to follow my spouse), while already in the US.

[NikLR 13,220]

Nope being laid off is the best way to get EI actually. Normally being fired for just cause or quitting makes you ineligible for EI. This is why we say to quit because you're relocating for family so that you're still eligible for EI.

[Lights 56]

Nope being laid off is the best way to get EI actually. Normally being fired for just cause or quitting makes you ineligible for EI. This is why we say to quit because you're relocating for family so that you're still eligible for EI.

Thank you thank you thank you! You have no idea how much you've ease my anxiety...

I know you can never trust people with your career and goals, but I definitely did not expect getting laid off just as I was entering un-paid leave.

[gwenstar 66]

Just make sure that your employer puts the correct reason for the employment ending on the ROE that they submit to Service Canada -

Sounds like you are good to go!

[Lights 56]

Just make sure that your employer puts the correct reason for the employment ending on the ROE that they submit to Service Canada -

Sounds like you are good to go!

Here's some stressful turn of events... So my boss sent a few emails to colleagues that implied it sound like I quit. I actually had a colleague reach out to me and wished me luck because she thought I had found another position and was moving on.

When my boss terminated my employment, he said it was restructuring of the department team. I wish I had recorded the call, but I did take notes. A lot of them. He offered to write me a letter of reference because he didn't think I did anything wrong but with market changes and such, he needed to restructure responsibilities within the team. He mentioned that it was not personal nor was it performance related but purely market and business circumstances.

When I had my call with HR, they said it was performance related... Which I said that was not what I was told. HR unfortunately can only record what my boss tells them is the reasoning. I will receive a small severance. My company does not pay extra. Ever. And when someone is let go because of performance, severance is usually never paid. They also put up a fight over expense reports that were filed before someone quit (there were a few complaints filed about that from previous employees). So, it didn't make sense that they would treat me nicer (giving a severance/letter of recommendation) when I supposedly did something 'wrong'.

After some digging, it looks as though he approved me to go on leave and return as a US employee (without proper go-ahead from HR, which I thought he did). From HR, they did not know I had already moved to the US and this is why I am taking a leave (until EAD is approved). I believe that while I was on vacation, he tried to put it through to HR and legal and they denied me moving into the US office for whatever reasons (over capacity or no work available). So when I got off vacation and prior to me going on leave, I was terminated. He told me one thing, he told my colleagues another, and now he's telling HR a completely different story. I spoke with HR in length yesterday and although they cannot change my ROE (they did not put down a reason, just that I was dismissed, but if they called to verify, they have to say what my boss reported to them). They said that they understand the issues that this has caused and are following up on disciplinary action for my boss not following protocol. But I guess, in the end, I'm hooped?

I filed for EI today. The answers did not match any of the reasons I was dismissed (such as being late, absent, or refused to do work). I hope that because I haven't ever filed EI in the past and have been working for the last 10+ years non-stop that I will get some sort of benefits. But I do feel very gutted... I am very happy my AOS is in process and I hope to get the letter for biometrics in shortly so I can try and do a walk-in.

=( The kicker is, I told HR that I explicitly had a conversation with my boss of either voluntarily quitting or getting put on leave. I wanted to be put on leave so at least I would have a job guaranteed for when I had my EAD. My boss did not want me to quit... said he needed me. And now this happened. I feel that if I had quit instead that I would have been eligible or have a better chance now with all this mess.

[NikLR 13,220]

Oh that sucks.

I'm glad HR is taking action against all this wishy washy stuff from your boss. It's extremely unprofessional. I was annoyed with my work when I left Canada because I had specifically requested that my ROE say I was quitting due to relocation of spouse and they just put "quit" but I didn't have a single issue with EI when they realized I had moved to the USA. Was your last day of work before or after you received the visa?

[Lights 56]

Oh that sucks.

I'm glad HR is taking action against all this wishy washy stuff from your boss. It's extremely unprofessional. I was annoyed with my work when I left Canada because I had specifically requested that my ROE say I was quitting due to relocation of spouse and they just put "quit" but I didn't have a single issue with EI when they realized I had moved to the USA. Was your last day of work before or after you received the visa?

It sucks big-time. I'm going to wait for what they say about my claim... and if it's denied, I hope that I can call them and explain the situation.

I was still working after receiving my visa. I didn't do my POE for another 2 months.

[NikLR 13,220]

Oh well then you'll be fine

Obviously you moved to be with your fiancé no matter what they put on the form.

I honestly don't think you'll have an issue.

[Lights 56]

Oh well then you'll be fine

Obviously you moved to be with your fiancé no matter what they put on the form.

I honestly don't think you'll have an issue.

Thank you! That gives me some peace of mind.

In the end, I can't believe some people could be SO unprofessional. My team is in utter shock because up until this, I was one of his "stars". Oh well. You live and learn that most people will throw you under the bus to save themselves. I definitely outed him to HR, which I think he thought I was too nice to do. But what a load of crazy... he tells them I'm going on leave but will be back... in CANADA. What a nut.

[NikLR 13,220]

I understand being thrown under the bus. I've worked too many jobs where the bosses do that and it makes work about as much fun as being hit with rocks. I own up to what I've done wrong and just expect others to do the same.

[Lights 56]

I understand being thrown under the bus. I've worked too many jobs where the bosses do that and it makes work about as much fun as being hit with rocks. I own up to what I've done wrong and just expect others to do the same.

I am with you on that one! I've made mistakes in my career and have always owned up to it, especially shielding my team so they don't take the hit for my mistakes. There are some people though... who are cowards.

Do you think there will be issues with me filing another claim for moving with my spouse? If this one doesn't get approved? I thought that because I was terminated that I couldn't use my visa/US entry as a reason.

[NikLR 13,220]

I would contact EI if you can and explain that you moved to be with your spouse, and what your ex-boss has done.