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My Employer Won't Give Me a ROE: What To Do in Canada

Updated

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.