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Frequently Asked Questions About Records of Employment

When you apply for Employment Insurance (EI) benefits, you will likely be asked to provide your Record of Employment (ROE). The ROE provides important information that Service Canada uses to determine whether you can receive EI benefits, including the number of hours you worked, how much you earned, and the reason that you stopped working.

It is your employer’s responsibility to fill out and provide the ROE to you or Service Canada. Unfortunately, employers do not always fulfill this responsibility. We often receive calls from workers who have trouble getting their employer to send their ROE or to correct any inaccurate information. Read below to learn about some of the common questions we get, and our answers.

When does my employer have to issue an ROE?

Your employer needs to provide a ROE whenever you have an “interruption in earnings”. An interruption in earnings happens when you go 7 days without work or pay. For example, if your employment is terminated or you are laid off.

Your employer can give you a paper copy of your ROE, or they can send it directly to Service Canada electronically. If they send it directly to Service Canada, you might not receive a copy of the ROE unless you ask Service Canada for it.

There are deadlines for your employer to provide the ROE:

  • If your employer is providing a paper copy of the ROE, they have to do this within 5 days after you stop working.
  • If they are providing the ROE to Service Canada electronically, their deadline depends on how often you are paid. If you are paid weekly or bi-weekly, then the employer has to provide your ROE within 5 days after your last pay period. If you are paid monthly, then the employer has to provide your ROE within 15 days after you stop working.

My employer has not provided my ROE in time. What can I do?

We often hear from workers who have trouble obtaining their ROEs from their employers, which can delay their receipt of EI benefits. Here’s what you can do if this happens to you:

  1. Apply for EI anyway. You do not need your ROE in order to apply for EI. If you apply more than 4 weeks after your last day of work, you may lose out on benefits.
  2. Check whether your employer delivered your ROE electronically to Service Canada. You can do this by contacting Service Canada or by checking your online My Service Canada Account.
  3. Write to your employer to request that they deliver your ROE. Make sure your request is in writing, either by letter, email, or text messaging. You can use this online tool from Steps to Justice to help you write a request to your employer. If your employer calls you about your ROE, take notes from your call so that you have a record of what they said.
  4. Follow up with your employer after one or two weeks. Again, make sure to do this in writing.
  5. Ask Service Canada for help with requesting your ROE from your employer. You can contact Service Canada by phone or in person, or mail in this form: https://catalogue.servicecanada.gc.ca/content/EForms/en/Detail.html?Form=INS3166
  6. If the employer still refuses to provide a ROE to Service Canada, you can ask Service Canada to determine whether you can receive EI based on the evidence that you have regarding how many hours you worked and how much you earned.

My employer provided an ROE, but it’s not accurate. What can I do?

Your employer may put information on the ROE that you do not agree with. For example, your employer may write that you quit your job, when in fact you were forced to leave because of ongoing harassment or discrimination. Or, your employer may say that you were fired for misconduct when that is not true. These situations may affect your eligibility for EI benefits or delay your receipt of EI benefits.

If you disagree with information on your ROE, you may want to write to your employer to request that they fix the inaccuracy. If the employer refuses to do so, you will need to speak with Service Canada.

When there is a disagreement about information on the ROE, an officer from Service Canada will call you and your employer separately to get both sides of the story. Make sure to gather any documents that support your version of events or that the officer asks for. This might include things like your previous correspondence with your employer or your termination letter. If the disagreement is about the number of hours you worked, you may have to provide your work schedule. You can provide your supporting documents to Service Canada in person at one of their offices, by mail, or by uploading it to your online My Service Canada Account.

The Service Canada officer will make a decision after receiving information from you and the employer. If the officer makes a decision that you don’t agree with, you have 30 days to file a Request for Reconsideration. You can find our article about EI Reconsiderations here: https://www.donvalleylegal.ca/blog/everything-you-need-to-know-about-submitting-an-e-i-reconsideration-request/

Your ROE is an important document that Service Canada uses to decide whether you can receive EI benefits. By understanding your rights and the steps you can take to get your ROE, you can protect your access to EI benefits when you need them the most.

The above is a simply a summary of sources of income. This is legal information and not legal advice. If you need further information or need legal advice, please call our Intake Line at 416-441-1764 ext. 1.