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Can I apply for EI benefits if I am in Legal procedures with my former employer for Wrongful dismissal and I am waiting to go to pre-trial in 3 to 4 months, will this affect my severance that I'm owed? They also paid a severance in June of (gross) $13,000.00 due to their SOD that stated they had provided me with minimum severance.

Please advise

Thank You

Hi Jocelyne,

Thank you for your question.

To answer your question about applying for EI benefits while in the middle of a legal procedure, yes you can.

Having said that, if the EI benefits you receive overlap with any severance you may be owed by your former employer, there could be a possibility that you will have to take a deduction on what would otherwise be awarded to you. Alternatively, you could receive your full severance and be required to remit a portion back to EI.

I hope this answers your question! Should you have any further questions, we would be happy to schedule a telephone call with you to speak further.
Lior Samfiru
Direct Tel (Toll Free): 1-855-821-5900     Email: lior@stlawyers.ca     Web: www.stlawyers.ca
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