Question by : my boss breached my contract, could i go on ei?
I am a superintendent at a high end condominium in toronto ontario canada. The building is 2 years old now and I have been here from the start. The board of directors replaced the original property management company due to them not bending over for them. They introduced a lazy cheap company that has been running the place into the ground. The new company has been with us for 9 months. There are many issues at hand, unsafe working enviroment, lack of maintenece, my contract not being honored. Lets start off with them replacing the current companies such as the cleaners and concierge with cheap motel 6 like companies as the property management itself. I was promised nothing will change however it turns out I get to clean 1/3rd of the building on a daily basis. I have not had a day off in 8 months now since the new cleaners and security have been in. I work 7 days a week with a minimum of 6 hours a day on weekends. I receive no extra compensation. My contract states i shall receive tools, work clothes and cell phone. I have been asking for a working cell phone for 9 months ( the original one receives no signal and i need to get calls for garbage pick up or else i miss it) so i am forced to use my personal cell phone. The managers also use this number as a contact. It has been over 3 months for work clothes and serveral more for petty cash or tools. 6 weeks ago i handed in recipts (250$ for tools i spent) and have not seen a dime. My contract also states that i am to have 2 days off one week and 1 the following. Nothing gets done around the building. The office makes mistakes on a weekly basis that i myself correct. I am not respected and due to my age ( 23)nor i am not listened too. The property manager does not even call any more when she comes by because I always give her a list of items that we need to take care of. She comes once a week for 10 min to pick up notes and that is it. My stress is going through the roof, I can barely function with my wife or doggie at the end of the day due to being so burnt out. The conceirge and residents agree with me they are trash. Also the garbage chutes have no locks on them so when i have to do daily cleaning under them, at times bottles come down. The only line of defence for this is a notice and tape on the chute room doors which have proved not to work. I asked her nicely for months now can we get saftey locks but nothing has been done. It took the property manager 7 months to order in a standard garbage bin for me. Long story short I would like to go on ei and take classes. I love my building and my condo owners but i cant keep up with everyones job. Would i be eligable concerning the cercumstance?

Best answer:

Answer by mystical pippin
Wow! What a mess. The company that took over has a slew of violations according to what you’ve told us. When you said ei did you mean unemployment insurance?
I’m not sure if its the same in every state but in California you can quit a job and get unemployment compensation AFTER a hearing in which you will have to provide some kind of logical proof that you quit the job for a very good reason.

I think its safe to say you have several of them. Safety being the main one, being overworked with no pay is another. Many of the policies this new company has are illegal and detrimental to your safety. If I were you I would report them. I would also make a demand in writing and send it certified mail return receipt, (keep copies and records# of the purchases you made for reimbursemet. #don’t forget to include the cost of the mailing in your demand letter) Their business practices are completely illegal and you are entitled to receive your reimbursement immediately.

In your demand you should state that you have waited long enough and you will have to sue them if they don’t comply with the reimbursement immediately. While you’re at it, I would also remind them that they are not complying with the other items in your contract and if this continues you will report them to OSHA! That should get them motiviated, if not they might fire you for that but if they do, first of all you won’t have to prove any reason for quitting to get Unemployment and more importantly you can sue them for a lot more than just pay and reimbursement. You can sue them for pain and suffering, emotional stress, etc…..

Furthermore, they cannot overwork you without pay. 40 hours a week is the max you’re required to work unless its in your contract but even then there has to be compensation for the overtime or a period of time that you’re off to make up for the extra hours worked. If your contract states you must work overtime without any compensation then its flawed and that works against them if this goes to an unemployment hearing.

Its time for you to think about yourself and your family – not the people who live in the condo’s. First find out the laws for unemployment compensation in your state. Its pretty easy to do. try this site as a start for your research.

http://www.canadafaq.ca/how+to+apply+for+employment+insurance+canada/

hopefully from there you can ask more in-depth questions such as eligibility for compensation if you quit. If you don’t find your answers then call the employment office near you and talk to a rep. Ask them if you can quit and be eligible.

whatever you do don’t mention the fact that you want to collect UI and take classes.If a question comes up by the UI you could say its an option you thought about but I think the best thing is to keep that out.

good luck

Update:
Thomas, I realized you’re in canada so I’ve changed the links to reflect that. I’ve also found several others which may answer your questions regarding eligibility requirements:

http://www.servicecanada.gc.ca/eng/ei/application/applying_for_benefits.shtml

here’s a link for Canada’s labor code and health and safety requirements for employers:

http://www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/employ-eng.php

Give your answer to this question below!