In August of last year I was laid off from Movie Gallery after they suffered a bankruptcy. At the time nobody knew if holiday pay and severance would ever be paid. I asked EI if I should claim it anyways (an estimated amount based on my prior paystubs) and they told me not to worry about it. Knowing that EI has an innate tendency to come back a year later and bite you in the rear I asked if they were sure this would not pose an issue a year later. I was assured it would not. Fast forward almost a year and well....
I received a benefit statement from EI last week indicating they have given me a refund of 197.00 for deducting too much employment income. Neat-o, except I had to track the refund down as it was paid to a prepaid credit card that I no longer had. I was never notified beforehand so therefore had no reason to make sure my deposit info was current). A few days later I received 2 letters in the mail, one explaining the refund (new info, adjusted benefit rate) the other stating that they have been in contact with the trustee for my former employer and have learned that I made a claim for holiday and severance for 1029.61 and I quote "This income before deductions payable as a first dividend payment consisting of vacation pay and pay in lieu (plus previously paid bonus) is earnings which will be deducted from your benefits based on your average weekly pay of $355.18. As a result no benefits were payable to you from August 11, 2010 to August 27, 2010. A balance of 156.00 will be deducted from the week of August 30, 2010."
First and foremost, the previous bonus money was paid out and claimed on my reports. my 2 week waiting period should have been Aug 11 - 25 as my last day of work was August 10. Now how I understand things is in a normal layoff you are paid your holiday and severance if applicable during the waiting period hence why there are no benefits payable. EI has decided that the money now is "income" during my first regular week of benefits and they are deducting right from the source further delaying my payment (a few more months is what the trustee said)
Now if this is where it ended I could simply suck it up. On friday I received a notice of debt in the mail from revenue canada on behalf of EI. The total is 369.00. Obviously I hit the roof, there was no prior explanation (even when I phoned regarding the aforementioned issue 2 days prior), and no info on the notice either. I spent 2 hours trying to get in touch with EI only to be told call volume is high, try again later. When I finally was able to wait on the line in a "priority" sequence I was still on hold when I walked into my local service canada centre a half hour later.
I spoke to a woman at SC who printed off my payment screen from EI showing how my reports had been amended 3 times (most recently on july 7th) and that is where the overpayment apparently came from. 20.00 of the OP is actually due to the aforementioned refund that was issued the same day (July 7). When I phoned yesterday to have the remaining 349.00 explained I was told that my original 2 week waiting period was invalid because I had been still working part-time so now the following 2 weeks (which were my original 2 weeks of benefits) were my new waiting period and because benefits were paid they want them back. EI arbitrarily retroactively changed my 2 week waiting period without my knowledge or any notice whatsoever. What is to stop them from invalidating the new period as I was still employed casually (and still am). My entire claim with them was a burden, delay, after delay, followed by a letter and questionnaire insinuating that I am not attempting to look for work even though I had reported my casual earnings and the fact I had been hired (and subsequently fired for being disabled) from a new job. I was fully employed before I even saw my first payment from them. And true to form, a kick in the ass a year later.
I received a benefit statement from EI last week indicating they have given me a refund of 197.00 for deducting too much employment income. Neat-o, except I had to track the refund down as it was paid to a prepaid credit card that I no longer had. I was never notified beforehand so therefore had no reason to make sure my deposit info was current). A few days later I received 2 letters in the mail, one explaining the refund (new info, adjusted benefit rate) the other stating that they have been in contact with the trustee for my former employer and have learned that I made a claim for holiday and severance for 1029.61 and I quote "This income before deductions payable as a first dividend payment consisting of vacation pay and pay in lieu (plus previously paid bonus) is earnings which will be deducted from your benefits based on your average weekly pay of $355.18. As a result no benefits were payable to you from August 11, 2010 to August 27, 2010. A balance of 156.00 will be deducted from the week of August 30, 2010."
First and foremost, the previous bonus money was paid out and claimed on my reports. my 2 week waiting period should have been Aug 11 - 25 as my last day of work was August 10. Now how I understand things is in a normal layoff you are paid your holiday and severance if applicable during the waiting period hence why there are no benefits payable. EI has decided that the money now is "income" during my first regular week of benefits and they are deducting right from the source further delaying my payment (a few more months is what the trustee said)
Now if this is where it ended I could simply suck it up. On friday I received a notice of debt in the mail from revenue canada on behalf of EI. The total is 369.00. Obviously I hit the roof, there was no prior explanation (even when I phoned regarding the aforementioned issue 2 days prior), and no info on the notice either. I spent 2 hours trying to get in touch with EI only to be told call volume is high, try again later. When I finally was able to wait on the line in a "priority" sequence I was still on hold when I walked into my local service canada centre a half hour later.
I spoke to a woman at SC who printed off my payment screen from EI showing how my reports had been amended 3 times (most recently on july 7th) and that is where the overpayment apparently came from. 20.00 of the OP is actually due to the aforementioned refund that was issued the same day (July 7). When I phoned yesterday to have the remaining 349.00 explained I was told that my original 2 week waiting period was invalid because I had been still working part-time so now the following 2 weeks (which were my original 2 weeks of benefits) were my new waiting period and because benefits were paid they want them back. EI arbitrarily retroactively changed my 2 week waiting period without my knowledge or any notice whatsoever. What is to stop them from invalidating the new period as I was still employed casually (and still am). My entire claim with them was a burden, delay, after delay, followed by a letter and questionnaire insinuating that I am not attempting to look for work even though I had reported my casual earnings and the fact I had been hired (and subsequently fired for being disabled) from a new job. I was fully employed before I even saw my first payment from them. And true to form, a kick in the ass a year later.
