Ei Eligibility After Quitting: New Brunswick

If you quit your job in New Brunswick, you will not be eligible for Employment Insurance (EI) benefits unless you can demonstrate a just cause for leaving. This means that you had no other reasonable choice but to leave your job. Examples of just cause include sexual or other forms of harassment, discrimination, unsafe working conditions, or your employer refusing to pay wages that were legally owed to you. It is important to note that you will need to provide evidence and describe your situation when applying for EI benefits. Additionally, quitting your job may impact your legal rights, and it is recommended to review your employment contract to understand any limitations or requirements, such as providing reasonable notice to your employer.

Just cause for quitting

If you quit your job, you will not qualify for regular EI benefits unless you had a "just cause" for leaving. This means that you had no other reasonable choice but to leave your job.

There are many situations that could be considered just causes for quitting your job. Here are some examples:

• You experienced sexual or other forms of harassment.
• You experienced discrimination based on race, colour, national or ethnic origin, religion, sexual orientation, sex, marital status, family status, disability, age, or because you belong to a union.
• Your employer refused to pay you for overtime work or forced you to work excessive overtime.
• Your employer made major changes to your work duties or pay.
• Your working conditions endangered your health or safety.
• You needed to move with your spouse or dependent child to another place of residence.
• You had to provide care for a child or another member of your immediate family.
• You had reasonable assurance of another job in the immediate future.
• Your employer was doing things that broke the law.
• You faced pressure from your employer or fellow workers to quit your job.

It is important to note that each case is different, and you will likely need to describe your situation and explain the steps you took to try and fix the problem before quitting. It is recommended to get legal advice before quitting your job.

Employment contract terms

An employment contract is an agreement between an employer and employee that outlines the terms of employment. While not always required by law, a well-drafted and properly implemented written employment contract can be beneficial for both parties, providing clarity and reducing potential disputes. Here are some key terms that are typically included in employment contracts:

• Identification: The contract should include the full names, addresses, and other relevant information of both the employer and employee.
• Effective Date: This is the date when both parties have signed the contract and it comes into effect.
• Pay and Benefits: Details of the employee's pay rate, pay dates, and any benefits provided by the company should be outlined.
• Full-time Employment: The employee agrees to devote their best efforts to the company and not work for anyone else during work hours without prior approval.
• Duties: A clear description of the employee's duties, as well as any requirements to maintain professional licensing, should be included.
• Extent of Services: Specify the hours and days the employee is expected to work.
• Work for Hire: Include a statement that the employee's work products are the property of the company.
• Benefits: Outline the benefits provided to the employee, such as health insurance, paid time off, retirement plans, etc.
• Termination: Describe the circumstances under which either party may terminate the contract and the required notice period.
• Disputes: Explain the process for settling disputes, including the option for arbitration.
• Applicable Law: Include a statement about the state or province in which the contract is effective and the applicable laws.
• Restrictive Covenants: These may include non-compete agreements, non-solicitation agreements, and confidentiality agreements to protect the employer's interests.
• Notice Period: Many contracts specify the amount of notice (e.g., two weeks or four weeks) that the employee must give before leaving the job.
• Severance Package: In some cases, employers may offer a severance package to employees upon termination, especially for senior executives.
• Intellectual Property: Protect the company's intellectual property and confidential information by requiring employees to keep this information confidential and acknowledging how it was obtained.
• Fixed-term or Indefinite-term: Specify whether the contract is for a fixed period or an indefinite duration. This can impact the employee's entitlement to "reasonable notice" upon termination.

It is important to note that employment contracts can vary depending on the state or province, industry, and level of employment. It is always recommended to seek legal advice when drafting or reviewing an employment contract to ensure compliance with local laws and protection of both the employer's and employee's rights.

Notice requirements

If you are considering quitting your job, it is important to be aware of the notice requirements stipulated in your employment contract. While BC's main employment law does not mandate providing notice to your employer before quitting, common law dictates that workers are expected to furnish reasonable notice. This is to ensure your employer has adequate time to adjust to your departure.

The amount of notice deemed reasonable will depend on various factors, including your job duties, responsibilities, and the length of your tenure. For more junior workers, a notice period of two weeks is generally considered acceptable, while workers with substantial responsibilities typically provide four weeks' notice. These are, however, only guidelines, and the specifics of your situation may warrant a different timeframe.

To formally notify your employer of your intention to resign, it is advisable to submit a letter of resignation. This letter should be concise and fit on a single page, encompassing the following key elements:

• A clear and unambiguous statement of your intention to resign
• The date of your last day of work
• An expression of gratitude for the opportunities provided during your tenure
• An offer to assist with the transition process

It is recommended to deliver this letter in person to your employer, even if doing so may be uncomfortable. This approach aligns with professional norms and demonstrates respect for the working relationship.

Once you have provided notice, your employer has the option to accept or refuse it. If they accept, you will continue to receive your regular wages until your final day of work. However, if they refuse and request that you leave immediately, they are obligated to compensate you for the amount of notice you have given or your legal entitlement to notice on dismissal, whichever is shorter.

Regardless of the circumstances surrounding your departure, your employer is legally required to settle all outstanding wages, including annual vacation pay, statutory holiday pay, and overtime, within six days of your last day of work, provided you are covered by employment standards law.

EI eligibility

If you quit your job in New Brunswick, you will not qualify for regular Employment Insurance (EI) benefits unless you had a "just cause" to do so. This means that you had no other reasonable choice but to leave your job. In other words, you took all the necessary steps to avoid being unemployed.

There are various reasons that could be considered "just cause" for quitting your job. Here are some examples:

• You experienced sexual or other forms of harassment.
• You faced discrimination based on race, colour, national or ethnic origin, religion, sexual orientation, sex, marital status, family status, disability, age, or criminal record.
• Your employer refused to pay you for overtime work or forced you to work excessive overtime.
• Your employer was hostile or unfair towards you without a valid reason.
• Your employer was engaging in illegal activities.
• Your employer pressured you to leave your job.
• Your employer expected you to work in unsafe or dangerous conditions.
• Your employer made significant cuts to your wages or major changes to your work duties.
• You need to move to another residence to accompany a spouse, common-law partner, or dependent child.
• You have reasonable assurance of another job in the immediate future.

It is important to note that having one of these reasons does not guarantee "just cause." Each case is unique, and you must demonstrate that you explored reasonable alternatives to resolve the issue before deciding to quit. For example, if you are not being paid on time, you should first try to resolve the issue by communicating with your employer or someone in management.

If you can prove that you had "just cause" for quitting your job, you may be eligible for EI regular benefits. However, it is always recommended to seek legal advice before making any decisions about quitting your job.

Regular vs. special benefits

Regular EI benefits are for people who lost their job due to termination or layoff. EI special benefits, on the other hand, are for special temporary leaves of absence, such as maternity leave.

Regular Benefits

To receive EI regular benefits, you need to demonstrate that you:

• Were employed in insurable employment
• Lost your job 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 employment 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
• Are actively looking for work

You can get benefits for up to a maximum of 45 weeks, depending on the unemployment rate in your region and the amount of insurable hours you've accumulated. The basic benefit rate is 55% of your average insured earnings, up to a maximum of $668 per week.

Special Benefits

EI special benefits include maternity, parental, sickness, and compassionate care benefits. To receive these benefits, you must qualify for them, and you must have earned between 420 and 700 insurable hours during your qualifying period. The higher the rate of unemployment in your area, the fewer hours you need to qualify for EI.

Frequently asked questions