Jump to content
Sign in to follow this  
2851

EI/CERB for Graduating 3Ls

Recommended Posts

Is it possible/ appropriate to qualify for EI or CERB as a 3L who worked a summer position after 2L and is waiting to start articling this summer? I have heard of articling students claiming EI between the end of articling and the start of being an associate.

Share this post


Link to post
Share on other sites

Not legal advice but I don’t think we qualify. 

What would our grounds be? I don’t know about you, but I wasn’t planning on working until I started and haven’t been laid off, nor has my start date changed. 

Share this post


Link to post
Share on other sites
Just now, easttowest said:

Not legal advice but I don’t think we qualify. 

What would our grounds be? I don’t know about you, but I wasn’t planning on working until I started and haven’t been laid off, nor has my start date changed. 

If you qualify for EI it is my understanding that the government would give you CERB instead. Also, some 3Ls worked during school and planned to continue working until articling, but perhaps they have been laidoff/lost their job because of COVID-19. 

There is tons of situations where someone could qualify for EI/CERB between the end of the semester and the start of articling. 

  • Like 1

Share this post


Link to post
Share on other sites
11 minutes ago, PoutineKing said:

If you qualify for EI it is my understanding that the government would give you CERB instead. Also, some 3Ls worked during school and planned to continue working until articling, but perhaps they have been laidoff/lost their job because of COVID-19. 

There is tons of situations where someone could qualify for EI/CERB between the end of the semester and the start of articling. 

That wasn’t the question.

 

Share this post


Link to post
Share on other sites
8 hours ago, easttowest said:

That wasn’t the question.

 

Your personal situation wasn't the answer. 

The question was is it possible/appropriate to apply for EI or CERB when they had not planned to work before articling. Depending on their employment history and location it is very possible for a graduating 3L to qualify for EI. Whether it's appropriate or not is up to the OP. 

  • Like 3

Share this post


Link to post
Share on other sites
1 hour ago, PoutineKing said:

Your personal situation wasn't the answer. 

The question was is it possible/appropriate to apply for EI or CERB when they had not planned to work before articling. Depending on their employment history and location it is very possible for a graduating 3L to qualify for EI. Whether it's appropriate or not is up to the OP. 

A student who worked in the 2L summer and was waiting to start articling could not qualify, unless you assume a number of facts that weren’t in the question. 

Edited by easttowest

Share this post


Link to post
Share on other sites
Quote

The Benefit is available to workers:

  • Residing in Canada, who are at least 15 years old;
  • Who have stopped working because of reasons related to COVID-19 or are eligible for Employment Insurance regular or sickness benefits or have exhausted their Employment Insurance regular benefits between December 29, 2019 and October 3, 2020;
  • Who had employment and/or self-employment income of at least $5,000 in 2019 or in the 12 months prior to the date of their application; and,
  • Who have not quit their job voluntarily.

If you are not a worker and have not stopped working due to COVID-19, you are likely not eligible for the benefit. That's to say that if you're just a student and had planned to work in the summer, you are not a worker and have not stopped working due to the virus.

Share this post


Link to post
Share on other sites

The new guidelines are terribly confusing, because seasonal workers have been mentioned repeatedly. But the guidelines interpreted literally would not include seasonal workers outside of the spring and late winter season. 

It would also not include gig workers, who the "making up to 1000 a week" was supposed to include. That's because you have to have lost some work and gotten under 1000 to qualify. It literally means it doesn't include gig workers who were in between gigs, and also doesn't include workers who make less than CERB but more than 1000. It's just downright silly. Who ever drafted the guidelines should be fired.*

Something else is in the work for students though, so sit tight everyone.*

*obvious disclaimer not to rely on this as legal advice.

Edited by pzabbythesecond

Share this post


Link to post
Share on other sites
1 hour ago, Bearsistersandsolly said:

How do they prevent people from abusing CERB. The application seems easy to fabricate

From the sound of things, everyone is given the benefit once they apply. If you improperly apply, they will be able to collect on the money later on (presumable at tax time next April). 

Share this post


Link to post
Share on other sites
2 hours ago, Bearsistersandsolly said:

How do they prevent people from abusing CERB. The application seems easy to fabricate

I'm assuming the CRA is going to be very busy next year.

Share this post


Link to post
Share on other sites

Does anyone have thoughts about whether articling students who are not hired back would be eligible for CERB? 

Share this post


Link to post
Share on other sites
30 minutes ago, Hesse said:

Does anyone have thoughts about whether articling students who are not hired back would be eligible for CERB? 

Wouldn't you be eligible for EI? 

Share this post


Link to post
Share on other sites
2 minutes ago, pzabbythesecond said:

Wouldn't you be eligible for EI? 

Yes, though I wonder if it would be better to apply for CERB first, exhaust the benefit (I believe it is scheduled to continue until October) and then apply for EI. 

Share this post


Link to post
Share on other sites
3 minutes ago, Hesse said:

Yes, though I wonder if it would be better to apply for CERB first, exhaust the benefit (I believe it is scheduled to continue until October) and then apply for EI. 

I won't give you legal advice on this, but best to ask the CRA. I think they've thought of what to do in this situation and have determined what you should be doing.

Or a lawyer. But that doesn't seem necessary.

Share this post


Link to post
Share on other sites
On 4/18/2020 at 12:00 AM, easttowest said:

A student who worked in the 2L summer and was waiting to start articling could not qualify, unless you assume a number of facts that weren’t in the question. 

At most, EI requires you to have worked 700 insurable hours (sometimes less depending where you are in the country) in the previous 52 weeks. That is very possible for a student finishing 3L right now.

 

Odds are the OP does not qualify for CERB, but may qualify for EI depending on their situation. If they qualify for EI, the government has said that will be processed through CERB. In any event, the original post does not have enough details to give a definite answer, but it is certainly possible. 

 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

×
×
  • Create New...