Am I Eligibility for Employment Insurance If I Am Wrongfully Dismissed?

Am I Eligible for EI?

Losing a job, whether due to unforeseen circumstances or planned transitions, can be a challenging and uncertain time. Fortunately, Canada’s Employment Insurance (EI) program is designed to provide financial support during such periods of employment disruption. If you are a resident of Ontario, understanding EI eligibility is the first step in accessing this valuable safety net.

In this article we break down the specifics of EI eligibility, helping you access the support you need when it matters most.

What is Employment Insurance (EI)?

Employment Insurance (EI) is a federal government program in Canada that provides temporary financial assistance to individuals who are unemployed or unable to work due to specific reasons. EI is designed to offer income support to eligible individuals while they are between jobs or facing circumstances that prevent them from working.

Questioning Your Eligibility for EI?

If you’ve recently lost your job, understanding your entitlements, including eligibility for Employment Insurance (EI), is crucial. Achkar Law can assist you in reviewing your termination package to ensure you receive everything you’re entitled to. Our goal is to provide you with comprehensive support and advice during this uncertain time, helping you navigate your next steps with confidence.

When Are Employees Entitled to EI? 

To qualify for EI benefits, individuals must meet specific eligibility criteria, including having worked a certain number of insurable hours and having lost their job through no fault of their own. The exact criteria may vary depending on the region and recent changes in employment trends.

Types of EI Benefits

EI offers several types of benefits, including:

Regular Benefits: These benefits are for individuals who have lost their job or had their hours significantly reduced.

Sickness Benefits: Available to those unable to work due to illness, injury, or quarantine.

Maternity and Parental Benefits: Provided to new parents who are temporarily away from work to care for a newborn or newly adopted child.

Compassionate Care Benefits: Offered to individuals providing care to a gravely ill family member with a significant risk of death.

Family Caregiver Benefits: Available to those who are providing care to a critically ill or injured family member.

Can I Get EI if my ROE says “Dismissal”?

Yes, you can still apply for Employment Insurance (EI) benefits if your Record of Employment (ROE) indicates “dismissal.” In Canada, the ROE is a document that employers must provide to employees when there is an interruption in their employment, such as a termination or dismissal. The reason for the interruption is typically indicated on the ROE.

Being dismissed or terminated from your job does not automatically disqualify you from receiving EI benefits. Whether you are eligible for EI benefits depends on various factors, including the circumstances of your dismissal, your employment history, and the specific EI eligibility criteria.

To be eligible for EI benefits after being dismissed, you generally need to meet the following criteria:

Sufficient Insurable Hours: You must have accumulated a minimum number of insurable hours based on your region and employment history. The number of hours required may vary, so it’s essential to check the requirements for your specific situation.

Reason for Dismissal: In most cases, you must have been dismissed without just cause. EI benefits are typically intended for employees who lose their jobs through no fault of their own, such as due to layoffs, lack of work, or other non-disciplinary reasons.

Available for Work: You must be ready, willing, and able to work and actively seeking employment during your EI benefit period.

One-Week Waiting Period: There is typically a one-week waiting period after you apply for EI benefits before you start receiving payments. During this time, you will not receive benefits.

Other Eligibility Criteria: Additional eligibility criteria may apply, depending on your specific circumstances and the type of EI benefits you are applying for (e.g., regular benefits, maternity benefits, parental benefits).

Can I Get EI If I Quit My Job?

In general, you may be eligible to receive Employment Insurance (EI) benefits if you quit your job, but there are specific circumstances that determine whether you qualify. The eligibility criteria for EI benefits can vary depending on your situation, and decisions are made on a case-by-case basis. Here are some key points to consider:

Voluntary Leave: If you voluntarily quit your job without just cause, you may not be eligible for EI benefits. EI benefits are primarily intended to provide financial support to individuals who have lost their job through no fault of their own.

Just Cause: There are situations where quitting a job may be considered justifiable or with “just cause.” Some examples include workplace harassment, unsafe working conditions, or significant changes to your employment contract that negatively impact you.

Medical Reasons: If you quit your job due to a medical condition that makes it impossible for you to continue working, you may be eligible for EI sickness benefits. You will need medical documentation to support your claim.

Family-Related Reasons: In some cases, quitting your job for compelling family-related reasons, such as caring for a sick family member or relocating with a spouse, may make you eligible for EI benefits.

Consult with a Professional: It is advisable to consult with an EI professional or Service Canada to discuss your specific situation. They can provide guidance on whether you qualify for EI benefits after quitting your job.

Keep in mind that even if you qualify for EI benefits, you must still meet other eligibility requirements, such as having enough insurable hours and being available and actively seeking new employment. EI decisions are subject to review and approval by Service Canada, and each case is assessed individually.

Can You Collect EI If You Are Terminated with Cause?

A “just cause” dismissal, also known as a “for-cause” or “with-cause” dismissal, occurs when an employer terminates an employee’s employment without notice or severance pay due to serious misconduct or a significant breach of employment contract. In such cases, the employer believes that the employee’s actions or behavior warrant immediate termination without any compensation.

When an employee is dismissed for just cause, it generally means that the employee’s actions or behavior were so serious that the employer had legal grounds to terminate the employment immediately. In such cases, the employee may be disqualified from receiving regular Employment Insurance (EI) benefits, as EI benefits are typically intended for employees who lose their jobs through no fault of their own, such as due to layoffs, lack of work, or other non-disciplinary reasons.

Am I Eligibility for Employment Insurance If I Am Wrongfully Dismissed?

If you have been wrongfully dismissed from your job, you may be eligible for Employment Insurance (EI) benefits in Canada, but there are important factors to consider. EI eligibility is determined based on several factors, and wrongful dismissal is one of them.

The circumstances surrounding your dismissal matter. If your employer terminated your employment without just cause or in violation of employment laws, it may be considered a wrongful dismissal. Wrongful dismissal situations can vary widely and might include situations like discrimination, harassment, or breach of employment contracts.

If you have been wrongfully dismissed and meet the other EI eligibility criteria, you may be eligible for EI benefits. However, the details of your situation, including any severance pay or separation agreements, will play a role in the final determination by Service Canada.

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. 

Related Topics

Contact Achkar Law

If you’re facing employment law challenges, you’re not alone. Our dedicated team of employment law professionals is here to provide you with the support, guidance, and representation you need to navigate through complex legal matters with confidence.

Don’t Wait for Matters to Escalate

Schedule Your Confidential Consultation Today – Reach out to us to discuss your situation in a private and secure setting. Our consultation process is designed to give you the insights and options you need to move forward.

Your initial consultation is the first step towards resolving your employment law concerns.

Fill out our contact form.

Call us today toll-free: 1 (800) 771-7882.

Let’s work together towards a positive outcome.