A Record of Employment (ROE) is one of the most important documents you receive when employment ends. If your employer refuses to issue one or is delaying, you have options — and you do not have to wait before applying for EI.
The short answer
Apply for EI now even without the ROE. Service Canada has procedures for exactly this situation. Separately, you can force your employer’s hand through Service Canada or a provincial employment standards complaint.
What a ROE is and why it matters
The ROE is a federal document that tells Service Canada:
- Your insurable earnings over the past 52 weeks or since your last ROE
- The reason your employment ended (the “reason code”)
- Your last day of work and first day of interruption
Service Canada uses this to calculate whether you qualify for EI, how many weeks you can receive benefits, and your weekly benefit amount.
When your employer must issue the ROE
| Situation | Deadline to Issue ROE |
|---|---|
| Layoff, termination, or end of contract | Within 5 calendar days of interruption |
| Leave of absence (maternity, sick, etc.) | Within 5 calendar days of the end of the pay period |
| Employer request from Service Canada | Within 5 days of receiving the request |
Most ROEs are now issued electronically through the employer’s payroll system.
Step 1: Apply for EI immediately
Do not wait for the ROE. Apply at canada.ca/ei within four weeks of your last day of work. On the application, when asked about your ROE:
- Select “Applied for but not yet received”
- Service Canada will access your electronic ROE directly or contact your employer
Waiting can delay or reduce your benefits — the clock starts from your last day of work, not from when you receive the ROE.
Step 2: Request the ROE in writing
Send your employer a written request (email is fine) asking them to issue the ROE immediately and noting the legal five-day requirement. Keep a copy. This creates a record of your request and the date.
Step 3: Report the non-issuance to Service Canada
If your employer still does not issue the ROE, contact Service Canada at 1-800-206-7218 and report that your ROE has not been issued. They can contact your employer directly and compel issuance.
Step 4: File a provincial employment standards complaint
Failure to issue a ROE may also be a violation of provincial employment standards regulations. File a complaint with your provincial employment standards office to create additional pressure.
Common ROE reason codes and what they mean for EI
| Code | Reason | EI Impact |
|---|---|---|
| A | Shortage of work / layoff | Eligible for regular EI |
| D | Illness or injury | Eligible for sickness benefits |
| E | Quit | Generally not eligible unless just cause |
| M | Dismissal | Depends on circumstances |
| N | Leave of absence | Eligible if qualifying leave |
| P | Parental leave | Eligible for parental benefits |
If your employer codes your ROE incorrectly — for example, putting “quit” when you were let go — request a correction. Bring any written documentation (termination letter, emails) to Service Canada.
What the ROE cannot be used for
Your employer cannot legally withhold the ROE as leverage in a dispute over pay, equipment return, or any other matter. Withholding a ROE is a violation of federal employment insurance regulations and may result in fines.
Key takeaway
Apply for EI today — do not wait for the ROE. If your employer refuses to issue it, report this to Service Canada. The system is designed to handle exactly this situation.