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Can Employees Receive EI If They Are Wrongfully

Between recent workplace vaccination mandates and pandemic-related economic downturn, employees are increasingly being wrongfully dismissed from their employment. While some may be curious about what they are entitled to in severance from their employer, many are more anxious to learn how they will pay their bills while they look for other work. This article dives into whether or not employees can receive EI if they are wrongfully dismissed. 

What is Employment Insurance (EI)?

The federal Employment Insurance (EI) scheme provides employees who were terminated from their employment through no fault of their own a reliable source of income for a period while they seek alternative employment. Most employees pay into the EI scheme through regular deductions to their pay cheques and are likely eligible to receive EI benefits upon being wrongfully dismissed from their employment. 

When Are Employees Entitled to EI? 

Eligible employees who are wrongfully dismissed can immediately apply for EI benefits immediately upon termination. Typically, this requires an employer to file the employee’s Record of Employment with Service Canada or to provide the employee their Record of Employment with the appropriate notation indicating dismissal. 

Even without a Record of Employment, employees are encouraged by Service Canada to apply for EI benefits as soon as they are wrongfully dismissed. If they apply after 4 weeks from their termination date, they may be denied EI benefits without a reasonable explanation for their delay.

What If An Employee Quit Or Was Terminated With Cause? 

Employees who voluntarily resign or are terminated with cause constituting  misconduct contrary to their job duties may be denied EI benefits. In cases where an employee was forced to resign or the employer did not actually have cause for an employee’s termination, Service Canada may still provide the employee EI benefits. 

If an employee was forced to resign from their employment or the cause they were terminated for is disputed, it is likely that the employee can make the argument they were in fact wrongfully dismissed from their employment. As such, it is worth raising such issues with Service Canada to determine eligibility for EI benefits. 

In all cases of forced resignations and termination for just cause, employees should consult an employment lawyer to determine what they should do and what their legal entitlements are. Every case turns on the facts whether an employee is applying for EI or seeking other legal entitlements. 

Contact Us 

If you are an employee who was wrongfully dismissed, forced to resign or terminated with cause, our team of experienced workplace lawyers at Achkar Law can help. Contact us by phone toll-free at +1-800-771-7882 or email us at [email protected] and we would be happy to assist.

If you are a small or medium-sized company looking for full-service support with a same-day response, visit our CLO Program page for our strategic solutions.

Disclaimer: This blog is not intended to serve as or should be construed as legal advice and is only to provide general information. It is in no way particular to your case and should not be relied on in any way. No portion or use of this blog will establish a lawyer-client relationship with the author or any related party. Should you require legal advice for your particular situation, fill out the contact form, call (800) 771-7882 or email [email protected]