Question about lay off on TN

M

mercury6

Registered Users (C)
Hi Guys,

I am a Canadian citizen on TN in US.
I got a lay off notice from my office yesterday.
My last day here will be 15th of July.
I have worked in US for a year and half.
My HR person says that I am eligible for US state EI benefits.
Can I apply for US EI before I go back to Canada?
Or can I apply in Canada based on the work I have done here in US.

I would appreciate any help.

Thanks
 
Last edited by a moderator:
You need to check this with your state agency administering the unemployment insurance program. I believe you were misinformed - at least by my state laws.

UI is not a severance payment to you. You need to understand that generally receiving benefits requires that you reside in the state and be actively looking for a new position and must be able to document your contacts. When the loss of the sponsoring job terminates your visa status, you cannot legally reside in the US to fulfil the job search requirements. For example, if a person receiving UI takes a vacation and is unavailable to begin working, they are ineligible for payments for that period of time.
 
Concerned4us said:
You need to check this with your state agency administering the unemployment insurance program. I believe you were misinformed - at least by my state laws.
Click to expand...

You are incorrect. He is not eligible for UI within the state (as he is ineligible to work), but once he returns to Canada he can make a UI claim, and his province will bill his state of employment.
 
mercury6 said:
Hi Guys,

I am a Canadian citizen on TN in US.
I got a lay off notice from my office yesterday.
My last day here will be 15th of July.
I have worked in US for a year and half.
My HR person says that I am eligible for US state EI benefits.
Can I apply for US EI before I go back to Canada?
Or can I apply in Canada based on the work I have done here in US.

I would appreciate any help.

Thanks
Click to expand...

I was questioning the validity of what OP reported.

In my state, you must be physically present in the state and looking for work in order to make a claim. People who have been outside the state and tried to make the required contact for the weekly payment have had it denied when the originating location for the call was outside the state. Other states may have different requirements - hence the suggestion to speak with the proper department in his location.
 
Hi Guys,

Thanks for your responses. Much appreciated ! .. At present, going by the responses I got in here, and some research done elsewhere, it seems like it would be a better idea to apply in Canada itself.

Thanks once again !
 
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What if you have been working in the US for a lot of years and have cut ties with Canada to avoid Canadian income tax? Would you still qualify to apply for Canadian EI when you move back to Canada?
 
Of course. You are qualifying for UI based on your US work. In almost all cases you will collect state UI, but where the state has such an agreement with canada, one would qualifiy for Cdn EI, simply by re-establishing residence in Canada.
 
Thanks Nelson. How do you re-establish residence in Canada? I'm from Ontario and it takes 3 months before I can get OHIP. Does the same thing apply to UI?

Also, does anyone now if Arizona has an agreement with the Candian gov for claiming UI? Or can you point me to where I can get this info?

Thnx
 
Lease an apartment and start looking for work.

ALL states have an agreement. The only difference is that a few (very few) have EI pay the worker. The vast majority have the state UI system pay.

This is not something to worry about. If you get laid-ff, simply go back to canada and collect UI/EI, or file for B2 stay in US and try to find another job. the UI will take care of itself if you follow the instructions on the service canada website.
 
I am here in USA since 2006 on TN and working; still I have Canadian - Ontario Health Card. They renew every year, after I send them my employment authorization documents.
 
NdTech said:
I am here in USA since 2006 on TN and working; still I have Canadian - Ontario Health Card. They renew every year, after I send them my employment authorization documents.
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Do you have a house over there though?
 
OHIP has a provision that if you advise them BEFORE the move that you will be outside Canada temporarilyy, they will not concel yourOHIP for upto X years. You are allowed this one time.

Of course, having OHIP while living in US is of little value, since any major medical expense would only be partially covered by OHIP, and it certainly does not replace compan yinsurance. However it does get around OHIP's 3-month renturnee waiting period problem (most other provinces don'y have thi waiting period).
 
nelsona said:
OHIP has a provision that if you advise them BEFORE the move that you will be outside Canada temporarilyy, they will not concel yourOHIP for upto X years. You are allowed this one time.

Of course, having OHIP while living in US is of little value, since any major medical expense would only be partially covered by OHIP, and it certainly does not replace compan yinsurance. However it does get around OHIP's 3-month renturnee waiting period problem (most other provinces don'y have thi waiting period).
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Yes, you are right. There are certain restrictions, but valid for all emergency situation and regular doctor visit. However I never used, because I am also covered by my employer and plan is good.
 
I am also a Canadian citizen on TN in US.
I got a lay off in may last year
I have worked in US for 4 years.
Also have worked for another company for 4 months (may-September 2010).
In September i quit a job due to be far from home in Windsor.
Couldn`t find any job in Windsor and accept 3 weeks job from same company in US.
So, i am back home (Windsor) and wandering if i have any rights to claim EI?
Do I have to look here in Windsor, or Michigan?
I still have TN visa.
Any help is more than appreciated!
.....i think i made big mistake quitting 2nd job,..oh well.
 
ZIOR said:
I am also a Canadian citizen on TN in US.
I got a lay off in may last year
I have worked in US for 4 years.
Also have worked for another company for 4 months (may-September 2010).
In September i quit a job due to be far from home in Windsor.
Couldn`t find any job in Windsor and accept 3 weeks job from same company in US.
So, i am back home (Windsor) and wandering if i have any rights to claim EI?
Do I have to look here in Windsor, or Michigan?
I still have TN visa.
Any help is more than appreciated!
.....i think i made big mistake quitting 2nd job,..oh well.
Click to expand...

Read the thread carefully and thank "nelsona" for weblink. However EI is not for who resign at his/her own will, without any acceptable cause. You must be available to work to get EI benefit.
 
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