Question of Law: U.I. benefits Have you had a bad day at the office? Are you just about ready to walk in tomorrow and quit? Before you say, “I quit,” you should be aware that if you are planning on income from Unemployment Insurance Benefits, you may face a severe penalty for quitting your job. In December, the Federal Government announced changes to the Unemployment Insurance Act which will affect a person who is. fired from work because of misconduct or a person who quits a job without just cause. Under the proposed changes, if a person loses his employment by reason of his or her own misconduct or voluntarily leaves employment without just cause, he will be disqualified from receiving any Unemployment Insurance payments at all. That is a drastic change from the present law. Under the present legislation, a person applying for benefits is disqualified for a period of anywhere from 7 to 12 weeks if he loses employment without just cause. Most disqualifications seen at our office have ranged from 10 to 12 weeks. When benefits do start, payments are only 50 percent rather than 60 percent of insurable eamnifigs. In dollars and cents, that means that under the law, now you receive no benefits for the two-week waiting period, and none for a further period of up to 12 weeks, and then the payments remain lower for the rest of the claim period. The penalties may carry forward to any time that you re-apply for benefits for up to six years. There are two factors to be considered with respect to voluntarily leaving employment. The first question is whether the employee took the initiative in terminat- ing the employment, rather than the employer. Next, there must be just cause for leaving. Under the Unemployment Insurance Act now, “just cause” exists where, having regard to all the circumstances, you have no reasonable alternative to immediately leaving employment. The Act sets out various factors which must be considered in determining whether there was just cause including: sexual or other harassment; an obligation to accompany a spouse or dependent child to another residence; discrimination on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act; working conditions that constitute a danger to health and safety. Although the obligation to care for a child is also listed as a factor, Staying home to care for one’s children or family members is considered a personal decision which shows that a claimant is not available for work. The disqualification section of the Act has been interpreted strictly. For example, it will not be just cause if you leave a job fo return to school or retire. If you quit voluntarily or leave because of personal con- flict with the employer or other employees. If you are fired for misconduct, you will be disquali- fied as well. Misconduct is not defined in the Act. It is a question of law and fact. The misconduct must involve the person’s own behavior or an act or omis- sion for which the person is personally responsible. Also, the employment must have been lost because of the behavior. Before you go in to work and quit or do anything that may get you fired, be very certain that you can prove to the Commission and to a Board of Referees that the circumstances will establish just cause and that there was no misconduct. ‘ith the proposed changes to the law, there will be dollars saved through disqualified claims. However, the impact on the budgets of the Regional Government and the provincial government will be significant. It is to our local welfare offices where those denied Unemployment Insurance, who have little assets or savings, must go in order to survive until new employ- ment is found. The town lawyers and the community legal work- er at the Halton Hills Legal Clinic provide a ran; of legal services to financially eligible people throughout Halton in the legal areas of tenants’ rights, rent control, welfare, family benefits, unem- ployment insurance, workers’ compensation and Canada pension plan disability pensions. For more information about these matters call the clinic at 877-5256. “a PROVEN PERFORMANCE 877-5165 833-9714 Erin 874-3040 873.0655 MARTHA SUMMERS Sales Representative Dart estat, hardwood for, ished rec rom, j, large fenced eee yard, ae 5 dock: Worth socket 8-241 new y ian FO ad — Just west of Acton, i Sot executive 1 ACRE with ong vi aimed brick replace, oak Slalrcase to hl lower level with wakout. Ceramics in ‘itchen and bathrooms. Shows beautiuily. 92-2420 74 re woking fam, wih $2 x 26 uel aaa with refrigeration unit plus 55' x 34" implement bldg. Halton Hills This Week, Saturday, January 16, 1993 —- Page 9 "PERFORMANCE COUNTS!" (SOLD ) JOHN SON & ASSOCIATES BRENDA PAYTON Sales Representative 877-5165 24-Hour Pager Tor. 874-3040 Res. 877-7578 Set on Greystone Crescent, popular Cambridge | model situated on large well treed, private yard. for cosy winter nights. Call Brenda*. 92-2-498 This one has it all! Quiet Court, Pie-shaped lot. New gas furnace, central air, upgraded oak kitchen, gas fireplace, detached garage & lots more. Call Brenda" for details. 93-2-113 Just south of Georgetown, 3 bdr. model, dble. garage, 3 baths, inground pool. Want more details? Call Brenda*. 92-2-514 Country roads, minutes to Georgetown, 2 fireplaces, 2 walk-outs, 2 baths, 3 large bedrooms set on a ballpark-sized acre. Great value here! Call Brenda’ to view for yourself. County charm and value ti of Eh, type kitchen, marble in ensuite walkout from master to lange deck. 92-2-281 Sacres, tide through. 4 becom ing. PRICE INCLUDES 44 ACRE SEVERANCE 96-2 510 Crpsinitew bla 34 rustic acres. 40 x 60 tity build Hf with concrete floor. Family long views. 5 stalls, hardwe 92-2474 Jf famiy home wit pine rec room. Orga! amhouse atl recone viences. Bleached oak kitchen, finished loft bel cao private location south of King St. 92-2-46 WANT TO START YOUR OWN BUSINESS? Horse| with today's con- ff farm with indoor arena, sand ring, 38 stalls. CENTU-| RY STONE HOUSE is a bonus. Wel worth, cares cs Y 4 veeant acres. Fabulous buildi to 401. $150, ith good access to Adjacent Mistywood Subdivision on Hwy. #24 aks Line en ie Vi 49 acres with proposal for subdivi- sion. $1,800,000. 2-2-300 Pidtnany tame efor country dollars. Located south of Village home, finished rec room, main floor j bam & paddock for your horses. Great starter - live Pigment ent out the lower ve until you need the space. 2 yards, cane car garage. Home fled wth cugomn 922.275 rai 32285 ~~ REDUCED! 3 bdr. brick and aluminum bungalow with inground pool. Separate hsmt. entrance to inlaw accommodation. Call Brenda*. 92-2-549 Thinking VOUT Salen Call Brenda Payton’ for a complete and accurate market analysis. Get Solas Sold! Call Brenda Payton* "PERFORMANCE COUNTS!" intended to solicit properties already listed for sale