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Appealing employment insurance decisions

Do people have recourse in cases in which their request for EI benefits has been denied or where they have been advised of an overpayment?

Such decisions are usually made by the Canada Employment Insurance Commission and are open to an appeal through reconsideration.

What are the reasons for which I can ask for reconsideration?

If you have received a decision that you don’t agree with:

  • You have been advised that EI benefits received are to be repaid;
  • You have been advised that EI benefits have been refused;
  • A warning letter has been given and/or;
  • A penalty has been imposed.

However, did you know that employees are not the only ones who can ask for reconsideration?

Interested third parties or employers can also ask for reconsideration in the following cases:

  • EI benefits are being paid to employees who refused work or are in a labour dispute;
  • EI benefits are being paid to an employee who quit their job or was fired for misconduct;
  • A warning letter has been given and/or;
  • A penalty has been imposed

How many days do I have to request reconsideration?

You only have 30 days to request reconsideration. That is the clock starts ticking from the date the decision was sent to you. If you have missed the deadline, you will have to give the commission a very good reason as to why you filed the reconsideration late, or they will reject your request.

How do I submit my request?

You have to fill out an online form called the “Request for Consideration” form, print it, and then sign it. You then have to mail it to your designated Service Canada Processing Centre.

If you need guidance in regards to this process contact Service Canada or the tribunal - if you are filing an appeal for the reconsideration. you have been penalized you may want to consult a lawyer.

Read more:

How to appeal an Employment Insurance decision to the General Division

EI Reconsideration