In Canada, Employment Insurance (“EI”) provides temporary income support to unemployed individuals as they search for new employment. The critical role of EI in supporting Canadian workers through transition periods is well known, but there are different rules that govern EI entitlements when an individual endures a new life event after an initial EI claim and must reapply (i.e., submitting a “secondary claim”).

In light of a recent case before the Social Security Tribunal of Canada (the “SST”), this blog provides employers with a practical overview of the rules governing EI benefit entitlements, clarifies the legal distinction between overlapping claims for “regular” and “special” EI benefits, and offers practical insights to employers assessing the EI-related impacts of a termination.

Many employers are still trying to digitize their workplaces and play catch up with the latest technology. While software, social media, and various tech tools evolve, long-standing legal principles must evolve in response.  

One such principle is an employee’s duty of loyalty. The presumption that employees understand, and will abide by, this duty without direction from, and deterrent measures by, the employer is an outdated view that needs to evolve with the workplace. 

Most employees try to maintain a separation of church and state between their home lives and their work lives. Highlighting the importance of that separation is a recent announcement of insider trading charges (also reported by various news outlets). This situation demonstrates how failing to maintain that separation can lead to guilt by association, resulting in an employee’s termination.