Fired for not getting vaxxed? You might not be eligible for EI

Workers who lose their job over a refusal to vaccinate against COVID-19 may not be eligible for employment insurance benefits, according to updated guidelines from the federal government.

Employment and Social Development Canada has issued a notice to employers enforcing vaccine mandates to help them fill out records of employment, a document needed to apply for E.I. benefits.

People could be found ineligible because they would have been terminated over a condition of employment that hasn’t been met. However that this would not apply to those who receive medical or exemptions or other valid reasons.


RELATED: Can employers make COVID-19 vaccines mandatory?


On average EI pays up to a maximum of $595 per week for people who lose their jobs through no fault of their own, and are seeking work.

Dan Kelly with the Canadian Federation of Independent Business says the idea of not being able to collect EI is concerning.

“I think there are going to be some long-term negative consequences of treating people with disdain for making this choice,” Kelly told CityNews.

A step too far? 

His concerns are echoed by Lluc Cerda, senior associate at Samfiru Tumarkin LLP, who says this is a bit much.

“I think it’s a step too far, in my view, to say that it’s a for-cause termination and you’re not entitled to EI because you refuse to get vaccinated. I don’t think that’s correct,” said Cerda.

He says refusing a vaccine doesn’t automatically mean you’re in the wrong.

“I think Canadians can make up their own mind whether they want to be vaccinated or not. So, I think, calling this culpable or something that is their fault is where the issue lies. I think that this was not their fault and it’s a reasonable position to take.”


RELATED: Legal challenges against vaccine requirements unlikely to go far: lawyer


He says EI is essential for some families, and putting the cash flow on hold for unvaccinated Canadians is not a good move.

“The issue I have with this is that it politicized what is supposed to be a social benefit that we’ve all paid into… it’s not fair,” he said.

“The government seems to be okay with people missing their mortgage [payments], missing their rent [payments], being out of food, not being able to clothe their children in an effort to get them vaccinated.”

Cerda also says court challenges to EI eligibility could end up getting access to their employment insurance.

He recommends people get in touch with their government representative to let them know that blocking EI is wrong.

Government not offside making these rules, lawyer says

Hena Singh, a Toronto-based employment lawyer, doesn’t side with Cerda. She believes the government is allowed to do makes the rules as it sees fit.

“It’s a government program. The government mandating how the program is going to be rolled out, it’s for the general good of Canadians,” Singh said.

“I don’t think that they’re offside in making these rules.”

She says there will undoubtedly be pushback to rules like this, but recourse would be limited.

She expects more pushback to be aimed at employers over the dismissal itself.


RELATED: Religious exemptions for vaccine mandates can be easily denied: lawyer


“An employee who is terminated without cause, a deciding to not get a vaccination, in my belief would be without cause. The employer has an obligation to give a package to the employees. And so I think what we’re seeing right now is that employers are getting that really hard push from employees saying give us this package. The government might also get the push, they make the rules as it relates to these things.”

But even still, Singh says employers can let employees go for almost any reason.

“An employer can terminate an employee for any reason, as long as it doesn’t breach the Human Rights Code. So in this circumstance, as long as there’s not a medical or religious exemption, an employer can terminate the employee [who doesn’t follow vaccine requirements].”

She also says that the government isn’t forcing anyone to get vaccinated, but it says that there will be consequences–like not being able to go to restaurants or travel freely–if you choose to not get vaccinated.

-with files from the Canadian Press

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