What if my employer refuses to issue my ROE?

An employer may refuse to issue your Record of Employment (ROE) when you were separated from work due to conflict reasons. This is illegal.

According to CRA, every employer must issue the ROE to their employee within 5 days after the employee’s work separation. If an employer fails to issue the ROE, he/she could be fined up to $2,000, imprisoned for up to six months, or both.

If the employer needs help or more information on the ROE, you may ask them to visit The Record of Employment on the Web (ROE Web), or call Service Canada’s Employer Contact Centre at 1-800-367-5693 (TTY: 1-855-881-9874)

Request for Record of Employment form

In a situation where you are unable to receive ROE from your former employer (e.g. bankruptcy, lockout, owner disappeared, etc.), you must go to the Canada.ca website to download the Request for Record of Employment form. By completing the Request for ROE form, you are allowing the EI processing agent to send a letter to your former employer on your behalf to request your ROE. The time period is extremely long. Sometimes it takes up to 2 months before getting an answer back from the employer. Only in a situation where the EI processing agent is unable to receive your ROE, then they will use the information provided on the Request for ROE form to calculate your insurable earnings and hours. Make sure to submit your most recent pay stub with your completed form.

Expect further delay in your EI claim while waiting for EI processing office to reach out to your former employer for ROE. It may delay your claim up to 2 to 3 months. While waiting for the status, please make sure to complete your bi-weekly EI report to keep your claim active.

Once your EI claim is finalized, you will be paid retroactively for the past weeks you have done your report.

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