An appeal letter to HRSDC about my EI claim

Today I opened a letter from the government telling me that my claim for benefits over spring break (actually, this is time I would use as part of the two-week "waiting period") had been denied because I was dumb enough to admit that I hadn't looked for work, instead of just B.S.ing. Here is my response:

To Whom It May Concern,

I wish to appeal the decision of HRSDC regarding my ineligibility for benefits for the week of April 30–May 4, 2009. The basis for this appeal rests on information provided to me verbally from an agent at your office, and on the illogic of the rules of Employment Insurance as it relates to seasonal employees of school districts.

I was informed by a source in your office (sorry I didn’t write down the name) that the core issue for qualification was whether I was available to be contacted and/or accept a job offer and return to work within 24 hours. As I explained to this person I most certainly could have made this hypothetical move if it were to arise. I had a cell phone with me the entire time and was near enough to an airport to return to Winnipeg, or any city in Canada for that matter if the need arose. However, as I shall explain below, there was really no need for this because I was set to resume work within the week.

The purpose of my original letter was to clarify the guideline that I must be actively looking for work in the period wherein I was laid-off, an action I was planning on, but failed to accomplish because I spent the time looking after my nephews instead of making phone calls. If you feel the need to deny me because of this I feel that you should do so with a better understanding of my situation because frankly your system was not set-up with workers of my kind in mind and I feel like this is just one example of how you fail to represent our interests.

I am an employee of a school division who experiences regular, predetermined layoffs due to the nature of my job. The government has graciously allowed people of my class to collect benefits during these periods, making what I consider to be a very important job a viable career alternative for a lot more qualified people. Without EI benefits our jobs would be harder to fill because we are paid on an hourly basis and do not get enough hours in a year to maintain a decent standard of living. Although summer jobs and part-time work are a possibility for some there are many employers who cannot work around the pre-existing commitment school workers have to their permanent “seasonal” jobs.

Despite the fact that I have a job I will be returning to in very short order I am expected to be looking for work over the brief periods in Winter and Spring where I experience mandatory lay-offs. I can’t think of any reason why I would leave a secure job I love half-way through the school year to work somewhere else, but your system is set up to assume that I would and should be considering this. The stipulation that I be: “ready, willing and capable of working each day, Monday through Friday during each week of this report” is irrelevant because there was no work available for me to engage in at that time.

I wrote to you to confess that I hadn’t the time to participate in this charade mostly out of fear that you would somehow discover that I hadn’t done it and fine me for it. But honestly do you want to punish me because I should have been out pounding the pavement over the March break knowing I’d be back at work in a week?

With the approval of your department our group of employees has been allowed to use the school breaks in December and March towards the waiting period we must serve before collecting benefits. In my mind this approved way of getting us onto the roles is a tacit admission that the nature of work is important to Canada economically and socially and that we are deserving of EI benefits. The stipulation that we be actively looking for work during these periods make no sense given the value of the work we produce. Would you want experienced Educational Assistants who have formed relationships with vulnerable students moving out of their jobs midway through the year to be replaced by people who may or may not be qualified?

You must grant me an exception for the week of April 30–May 4, 2009 because the stipulation you would use to deny my claim is counter to the spirit of the agreement held between your department and workers in my field. The fact that these stipulations exist in law can be traced to the impossibility of drafting legislation that can predict and protect the complex nature of seasonal work across our economy. Although the intent of the condition that workers actively continue their search for work is laudable it is an inherently illogical provision for workers in my circumstance. Most commonly school workers like myself simply agree to the statement with our noses held and hope not to get hassled about if a review of their claims should occur. We all know this requirement is a canard in our case, and quite frankly, so do you.

Please do not deny me the benefits I need and deserve because I was unable to look for work during the week I was off from a job that I had was expected to return to after a five day break, it is cruel and unjustifiable in light of the facts.