Hello fellow Canadians:
Have any of you have receive a similar letter from Canadian government - EI Integrity Services, asking to payback EI overpayment amounts from about 3 years ago? Should one find a lawyer for this, and would it be worth it? Can anybody share experiences where they had succesfully appealed against the governement charges?
Background:
1) Back in November 2019 to January 2020, I had accepted another temporary seasonal unstable job from a Canadian Corporation to make ends meet. This was on-call job, wtih no fixed hours, so I had no idea what the hours will be prior to each day: between 1 to 6 hours of work per day.
2) This same corporation has withheld every single paychecks in arrears, bi-weekly: so every 2 weeks (14 days). The "PAY PERIOD" per paystub is 2 weeks before the "ISSUED"/"RECIEVED" DATE for every single paystub..
3) This same corporation sends the pay stub/statement bi-weekly through mail. So it is often delayed by another week. This corporation refuses to send any electronic paystubs for new temporary workers back in 2019.
4) I enter the paystub figures into Canada EI online report, using the "Net Pay" figure, when I have recieve the paystub in the mail. The website back in 2019 required reporting EVERY SINGLE WEEK, right before the end of each week: so I had to guess some of the numbers in between each bi-weekly reporting period, trying to average it out. The figure is locked on the website after entering, and will not allow me to change it afterwards.
It was also unclear whether to enter "NET" or "GROSS" income on the reporting website itself back in 2019.
(Edit: It seems like the reporting system requirement has changed between 2019 to recent years after 2023. As others mentioned about the 6 week period adjustment allowment, which I had not seen before on the website back in 2019)
5) I have not worked for this corporation before, I have no idea if this corporation was honorable, if I was even to actually going to have the money going into my bank account in electronic transfer, until the 2 weeks after each pay period.
EDIT: 6) Main point of contention: The suing letter from the government in May 2023 stated I should have reported the "ALLOCATED"/"PAY PERIOD" earnings pay period; and Not the "RECIEVED"/"ISSUE DATE" listed per end of each paystub, as in above point 2.
So the governemnt basically has blamed me for entering each income figures 2 weeks late, per each weekly reporting period. But this is unfair because every paystub is held 2 weeks in arrears.
7) I have no clear way to calculate the correct figure, 2 weeks ahead of time, due to non-fixed hours per day, and complex overtime bonus/taxes deductions/allowances figures, which varies depending on numbers of hours worked, per pay period.
8) I had honestly entered my net income of over $1200 net pay on the week starting Jan 18 2020, after I ahd recieve the paystub on Jan 18. The EI has completely stopped for me afterwards.
9) When this seasonal job ended, I have tried to apply for EI again in February 2020. The Canadian government website had refused my claim basically with the reason "insurable employment hours has been reset to 0". I feel this has also been unfair for me and my family.
The 2 Images of the threat letters I have received from Canada Government Integrity Services are below:
https://i.postimg.cc/DzyF7L3D/EIclawback202305-p1.jpg
https://i.postimg.cc/kGCTdNkR/EIclawback202305-p2.jpg
Sample paycheck held in arrears: https://i.postimg.cc/wj0f9pHv/Canada-Post-FTLC-paycheck-2021-11-25.jpg
Note the "Issued/Recieved date" is about 2 weeks AFTER each "Allocated/Pay period".
Related sources:
A) https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit/eligibility.html
"Based on the unemployment rate in your area, you'll need between 420 and 700 hours of insurable employment during the qualifying period to qualify for regular benefits."
B) https://www.canada.ca/content/dam/c...ist/reports/fraud-serious/EI-and-fraud-EN.pdf
"Violation type Value of overpayment Increase in number of hours you need to qualify for EI benefits*
Minor Less than $1000 25% more hours
Example: If you usually need 420 hours, you will now need 525 hours.
Serious Between $1000 and $4999 - 50% more hours
Example: If you usually need 420 hours, you will now need 630 hours. " ....etc.
C) https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/working-while-claim.html - "
" If you earn money while receiving EI benefits, you can keep 50 cents of your benefits for every dollar you earn, up to 90% of your previous weekly earnings (roughly 4 and a half days of work). Above this cap, your EI benefits are deducted dollar-for-dollar.
You’re not eligible to receive EI benefits if you work a full week, regardless of the amount you earn. However, this won’t reduce the total number of weeks payable on your claim."
D) https://forums.redflagdeals.com/ei-employment-insurance-discussion-thread-1091952/
The other main point of the post is to highlight how complex and tricky the government EI department can possibly be; and how it needs to be revamped to make it easier for Canadians to file and report online easily and clearly, and to avoid any unreasonable clawbacks and payback demands from the government. Such as knowing exactly which figures to enter (eg. whether its Gross or Net income after deductions & overtime complications, from exactly which period). plus the ability edit previous entered figures without having to need long-delayed tephone calls, and ensure the EI department is reasonably fair. The EI department give us 3 or 6 weeks after each income report to change it, but they only give you notice of suing 1 year after the fact, and can continue to chase for penalities 3 years or more afterwards,
Have any of you have receive a similar letter from Canadian government - EI Integrity Services, asking to payback EI overpayment amounts from about 3 years ago? Should one find a lawyer for this, and would it be worth it? Can anybody share experiences where they had succesfully appealed against the governement charges?
Background:
1) Back in November 2019 to January 2020, I had accepted another temporary seasonal unstable job from a Canadian Corporation to make ends meet. This was on-call job, wtih no fixed hours, so I had no idea what the hours will be prior to each day: between 1 to 6 hours of work per day.
2) This same corporation has withheld every single paychecks in arrears, bi-weekly: so every 2 weeks (14 days). The "PAY PERIOD" per paystub is 2 weeks before the "ISSUED"/"RECIEVED" DATE for every single paystub..
3) This same corporation sends the pay stub/statement bi-weekly through mail. So it is often delayed by another week. This corporation refuses to send any electronic paystubs for new temporary workers back in 2019.
4) I enter the paystub figures into Canada EI online report, using the "Net Pay" figure, when I have recieve the paystub in the mail. The website back in 2019 required reporting EVERY SINGLE WEEK, right before the end of each week: so I had to guess some of the numbers in between each bi-weekly reporting period, trying to average it out. The figure is locked on the website after entering, and will not allow me to change it afterwards.
It was also unclear whether to enter "NET" or "GROSS" income on the reporting website itself back in 2019.
(Edit: It seems like the reporting system requirement has changed between 2019 to recent years after 2023. As others mentioned about the 6 week period adjustment allowment, which I had not seen before on the website back in 2019)
5) I have not worked for this corporation before, I have no idea if this corporation was honorable, if I was even to actually going to have the money going into my bank account in electronic transfer, until the 2 weeks after each pay period.
EDIT: 6) Main point of contention: The suing letter from the government in May 2023 stated I should have reported the "ALLOCATED"/"PAY PERIOD" earnings pay period; and Not the "RECIEVED"/"ISSUE DATE" listed per end of each paystub, as in above point 2.
So the governemnt basically has blamed me for entering each income figures 2 weeks late, per each weekly reporting period. But this is unfair because every paystub is held 2 weeks in arrears.
7) I have no clear way to calculate the correct figure, 2 weeks ahead of time, due to non-fixed hours per day, and complex overtime bonus/taxes deductions/allowances figures, which varies depending on numbers of hours worked, per pay period.
8) I had honestly entered my net income of over $1200 net pay on the week starting Jan 18 2020, after I ahd recieve the paystub on Jan 18. The EI has completely stopped for me afterwards.
9) When this seasonal job ended, I have tried to apply for EI again in February 2020. The Canadian government website had refused my claim basically with the reason "insurable employment hours has been reset to 0". I feel this has also been unfair for me and my family.
The 2 Images of the threat letters I have received from Canada Government Integrity Services are below:
https://i.postimg.cc/DzyF7L3D/EIclawback202305-p1.jpg
https://i.postimg.cc/kGCTdNkR/EIclawback202305-p2.jpg
Sample paycheck held in arrears: https://i.postimg.cc/wj0f9pHv/Canada-Post-FTLC-paycheck-2021-11-25.jpg
Note the "Issued/Recieved date" is about 2 weeks AFTER each "Allocated/Pay period".
Related sources:
A) https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit/eligibility.html
"Based on the unemployment rate in your area, you'll need between 420 and 700 hours of insurable employment during the qualifying period to qualify for regular benefits."
B) https://www.canada.ca/content/dam/c...ist/reports/fraud-serious/EI-and-fraud-EN.pdf
"Violation type Value of overpayment Increase in number of hours you need to qualify for EI benefits*
Minor Less than $1000 25% more hours
Example: If you usually need 420 hours, you will now need 525 hours.
Serious Between $1000 and $4999 - 50% more hours
Example: If you usually need 420 hours, you will now need 630 hours. " ....etc.
C) https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/working-while-claim.html - "
" If you earn money while receiving EI benefits, you can keep 50 cents of your benefits for every dollar you earn, up to 90% of your previous weekly earnings (roughly 4 and a half days of work). Above this cap, your EI benefits are deducted dollar-for-dollar.
You’re not eligible to receive EI benefits if you work a full week, regardless of the amount you earn. However, this won’t reduce the total number of weeks payable on your claim."
D) https://forums.redflagdeals.com/ei-employment-insurance-discussion-thread-1091952/
The other main point of the post is to highlight how complex and tricky the government EI department can possibly be; and how it needs to be revamped to make it easier for Canadians to file and report online easily and clearly, and to avoid any unreasonable clawbacks and payback demands from the government. Such as knowing exactly which figures to enter (eg. whether its Gross or Net income after deductions & overtime complications, from exactly which period). plus the ability edit previous entered figures without having to need long-delayed tephone calls, and ensure the EI department is reasonably fair. The EI department give us 3 or 6 weeks after each income report to change it, but they only give you notice of suing 1 year after the fact, and can continue to chase for penalities 3 years or more afterwards,