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Record of Employment (ROE): Deadlines, Codes & Employer Obligations
When your employment ends or is interrupted, your employer is required to issue a Record of Employment. This document is used by Service Canada to determine whether you qualify for Employment Insurance benefits and how much you will receive. An incorrect ROE, particularly the wrong reason code, can delay your EI payments, trigger a misconduct investigation, or create inconsistencies in a wrongful dismissal claim. Knowing what your ROE should say and what to do if it is wrong protects both your EI entitlement and your legal position.
Is the reason code on your ROE wrong or does it contradict what actually happened?
An incorrect ROE code can delay your EI claim, trigger a misconduct investigation, and undermine a wrongful dismissal case. Your employer is required to issue an accurate ROE. Get advice if something does not look right.
Call: 1-800-771-7882 Speak With an Employment LawyerWhat is a Record of Employment?
A Record of Employment is a federally required document your employer must issue whenever there is an interruption of your earnings. It tells Service Canada the key facts about your employment: how long you worked, how many insurable hours you accumulated, what you earned, and the reason your employment ended or was interrupted. This information determines whether you qualify for EI and how benefits are calculated.
You can access electronic ROEs through your My Service Canada Account. If your employer submits it electronically, you do not need to receive a paper copy.
When must your employer issue an ROE?
Your employer must issue a Record of Employment whenever there is an interruption of earnings. This occurs when employment ends for any reason, when you are laid off, when there are 7 or more consecutive calendar days with no work and no insurable earnings, when an extended unpaid leave begins, or when your employer's payroll account number changes. The obligation is automatic. You do not need to request it.
Your employer has 5 calendar days after the interruption of earnings to issue a paper ROE, or 5 calendar days after the end of the pay period in which the interruption occurred if submitting electronically. Delays in issuing the ROE can delay your EI payments.
ROE reason codes explained
The reason code is one of the most important fields on your ROE. It tells Service Canada why your employment was interrupted. The code directly affects your EI eligibility. Certain codes can trigger a misconduct review that delays or denies benefits. It can also create inconsistencies if it does not match your termination letter or the actual circumstances of your departure.
| Code | Reason | EI impact for employees |
|---|---|---|
| A | Shortage of work / End of contract or season | Generally eligible for regular EI benefits |
| B | Strike or lockout | Not eligible for EI during a labour dispute |
| D | Illness or injury | May qualify for EI sickness benefits |
| E | Quit (resignation) | Generally not eligible unless just cause for quitting |
| F | Maternity leave | May qualify for EI maternity benefits |
| G | Retirement | Generally not eligible for regular EI |
| K | Other | Service Canada will review circumstances |
| L | Leave of absence | Depends on type of leave and circumstances |
| M | Dismissal | Service Canada may investigate for misconduct |
| P | Parental leave | May qualify for EI parental benefits |
Warning signs your ROE may be wrong
Does your ROE code contradict the actual reason your employment ended?
An incorrect code that mischaracterizes your departure can affect your EI claim and your legal position in a wrongful dismissal case. Your employer is required to issue an accurate ROE. Get advice before the inconsistency causes lasting harm.
Get Legal Advice Or call us: 1-800-771-7882What to do if your ROE is incorrect
Access your ROE through My Service Canada Account
Log into your My Service Canada Account to view your ROE. Check the reason code, employment dates, insurable hours, and insurable earnings against your own records and any documentation your employer provided.
Identify the specific error
Determine exactly what is wrong: is it the reason code, the dates, the hours, or the earnings? Be specific. If the reason code mischaracterizes your departure, note how it differs from what actually happened and what documentation supports the correct characterization.
Contact your employer in writing to request a correction
Send a written request to your employer asking them to correct the specific error. Keep a copy. Your employer is required to submit an amended ROE where the information is inaccurate. Document their response or failure to respond.
Contact Service Canada if your employer does not correct it
If your employer refuses or fails to correct the ROE, contact Service Canada. Service Canada can follow up with the employer and in some cases process your EI claim while the matter is under review. Do not delay filing your EI claim while waiting for the correction.
Get legal advice if the incorrect code affects a legal claim
If the incorrect reason code contradicts your termination letter or creates inconsistencies in a wrongful dismissal or constructive dismissal claim, get legal advice promptly. The inconsistency may actually support your case, but it needs to be handled carefully.
Frequently asked questions about the Record of Employment
When does my employer have to give me my ROE?
Your employer must issue your ROE within 5 calendar days of the interruption of earnings for a paper ROE, or within 5 calendar days after the end of the pay period in which the interruption occurred for an electronic ROE. If your employer has not issued it within this timeframe, contact Service Canada for assistance. Do not delay filing your EI claim. You can apply without the ROE and Service Canada will request it.
What does Code M on an ROE mean?
Code M means dismissal. When Service Canada receives an ROE with Code M, they will typically investigate whether the dismissal involved misconduct. If misconduct is found, you may be disqualified from receiving regular EI benefits. If you were dismissed without cause and your employer issued Code M, this may be incorrect and worth challenging, particularly if it contradicts your termination letter.
What does Code E on an ROE mean?
Code E means you quit. If Code E is issued and you did not voluntarily resign, this is a significant error. Code E can make you ineligible for regular EI benefits unless you can show just cause for quitting. If you were constructively dismissed and your employer issued Code E, this misrepresents what actually happened and should be corrected.
Can I get EI if my ROE has the wrong code?
File your EI claim immediately regardless of the code. Do not wait for the ROE to be corrected. Service Canada will review the circumstances and may request information from both you and your employer. If the code is wrong, you can explain what actually happened. Getting legal advice about the inconsistency before Service Canada contacts you can help you present your position clearly.
Can an employer refuse to issue an ROE?
No. Issuing a Record of Employment when there is an interruption of earnings is a federally mandated obligation. If your employer refuses or fails to issue your ROE, contact Service Canada directly. Service Canada has the authority to follow up with employers who fail to comply with ROE requirements.
Can an incorrect ROE affect a wrongful dismissal claim?
Yes. An ROE that contradicts your termination letter or the actual circumstances of your departure can create inconsistencies that affect both your EI claim and your legal position. In some cases, an employer who issued Code E when they actually dismissed the employee is effectively admitting the termination was not voluntary, which can support a constructive dismissal argument. Get legal advice if your ROE does not accurately reflect what happened.
Questions about your Record of Employment in Ontario?
If your ROE has the wrong reason code, incorrect hours or earnings, or contradicts what your employer told you about your departure, our team can help. We advise employees across Ontario on employment disputes, wrongful dismissal claims, and EI-related issues. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©