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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

SituationDeadline to Issue ROE
Layoff, termination, or end of contractWithin 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 CanadaWithin 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

CodeReasonEI Impact
AShortage of work / layoffEligible for regular EI
DIllness or injuryEligible for sickness benefits
EQuitGenerally not eligible unless just cause
MDismissalDepends on circumstances
NLeave of absenceEligible if qualifying leave
PParental leaveEligible 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.

ROE deadlines — what your employer is required to do

Under federal law (Employment Insurance Act), employers must issue a ROE within specific timeframes:

SituationROE deadline
Paper ROE (issued to employee)Within 5 business days of the interruption of earnings
Electronic ROE (submitted directly to Service Canada)Within 5 calendar days of the last pay period
Employer pays salary continuationWithin 5 days of the end of the salary continuation

Failure to issue a ROE on time is an offence under the Employment Insurance Act and can result in financial penalties for the employer.

Frequently asked questions

Can I apply for EI without a ROE? Yes. Apply for EI immediately at canada.ca/employment-insurance — do not wait for the ROE. Service Canada can request the ROE directly from the employer. The two-week waiting period starts when you apply, so delay costs you benefits.

What if the ROE has errors? A common problem is incorrect “Reason for separation” — this affects your EI eligibility (e.g., code A for a shortage of work vs code E for quit). If your ROE has a wrong separation code, contact Service Canada to request a correction, or ask your employer to amend it. Service Canada can override an incorrect ROE code if you provide evidence.

Does a ROE have to be physical paper? No. Most ROEs are now issued electronically (eROE) directly to Service Canada by the employer. If your employer issues an eROE, you will not receive a paper copy — Service Canada holds it. You can view your ROEs online through your CRA My Account or My Service Canada Account.


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