When you lose your job, your world can feel like it’s been turned upside down. Amidst the stress and uncertainty, you suddenly have to deal with a mountain of new things, and one of the most important is a document you may have never even heard of: the Record of Employment, or ROE.
Let’s be honest, it sounds boring and bureaucratic. But as an employment lawyer, I can tell you this little document is the single most important key to unlocking your Employment Insurance (EI) benefits.
Getting it wrong, or not getting it at all, can mean weeks or even months without any income. So let’s demystify this crucial piece of paper and make sure you know your rights.
What Is a Record of Employment (ROE) and Why Does It Matter So Much?
Think of the ROE as the official story of your job, written for Service Canada. It tells them how long you worked, how much you earned, and—most importantly—why you stopped working.
Service Canada uses this information to determine two things:
- If you are eligible for EI benefits.
- How much money you will receive.
When Does an Employer Have to Issue an ROE?
An interruption of earnings happens anytime you stop working and receiving pay. This includes:
- Termination (you’re fired or let go)
- Layoff
- Quitting your job
- Going on a leave (maternity, parental, sick leave, etc.)
The Big Question: How Quickly Must They Issue It?
This is where timeliness is critical. Your employer must issue your ROE within 5 calendar days after the end of the pay period in which your interruption of earnings occurred.
Why the rush? Because every day your ROE is late is another day your EI application is stalled. A late ROE can directly delay you from getting the money you need to pay your bills.
How to Get a Copy of Your ROE
In the past, you’d get a paper copy. Today, most employers submit it electronically directly to Service Canada.
The easiest way to see it is to log in to your My Service Canada Account (MSCA) online. You can view and print any ROEs that have been filed for you. If you don’t have an account, I highly recommend setting one up.
Decoding Your ROE: What Do the Codes Mean?
This is where things can get tricky. Your ROE has a box called “Reason for Issuing this ROE,” which contains a code. This little letter has a huge impact on your EI claim. Here are some of the common ones:
Code A – Shortage of Work: This means you were laid off. It almost always qualifies you for EI.
Code D – Illness or Injury: Used when you go on sick leave.
Code K – Other: A catch-all code used for things like a return to school or taking leave to care for a family member.
Code M – Dismissal: This is the one that causes the most stress. Let’s break it down.
ROE Code M Explained: "Dismissal" Doesn't Automatically Disqualify You
Seeing “Code M – Dismissal” on your ROE can be scary. You might think it means you’ve been fired “for cause” and won’t get EI.
This is not always true.
“Dismissal” simply means your employer ended your employment. It can mean you were terminated without cause (which usually qualifies you for EI) or with cause (which usually doesn’t). The comments section of the ROE is where your employer can add more detail. If they allege misconduct, Service Canada will investigate.
This is where I see a lot of problems. An employer might use Code M unfairly to try to block your EI claim.
Common ROE Problems (and How to Handle Them)
1. Your Employer Refuses to Issue an ROE:
This is illegal. If they won’t provide it after you’ve asked, you should contact Service Canada directly. They will follow up with your employer.
2. The Information is Wrong:
The dates are incorrect, your pay is wrong, or the code is unfair. If you believe your employer has put the wrong reason for your dismissal, you need to address it immediately with both your employer and Service Canada.
3. It’s Late:
As mentioned, a late ROE delays your benefits. Keep following up with your employer and let Service Canada know you’re waiting on it.
What to Do If Your Employer Refuses to Issue or Correct an ROE
You are not powerless.
Your first step is to call Service Canada and explain the situation. They have the authority to contact your employer and compel them to issue or correct the ROE.
If the incorrect ROE is part of a larger issue, like a wrongful dismissal where your employer is unfairly claiming “just cause,” it’s time to get legal advice.
Speak to an Employment Lawyer About Your ROE Issues
Your ROE is more than just a form; it’s your lifeline to financial support between jobs. An incorrect code or a refusal to issue it can be a tactic used by an employer to avoid their obligations.
Don’t let a paperwork problem stand between you and your financial security.
If a problem with your ROE is holding up your EI benefits, or you believe your employer has used an unfair code to paint a false picture of your termination, contact our firm. A confidential review can help you protect your rights and get the benefits you are entitled to.
