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.
ROE deadlines — what your employer is required to do
Under federal law (Employment Insurance Act), employers must issue a ROE within specific timeframes:
| Situation | ROE 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 continuation | Within 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.
Related Reading
- My Employer Is Not Paying Overtime in Canada: What To Do
- My Employer Owes Me Vacation Pay in Canada: What To Do
- My Employer Hasn’’t Paid Me: What To Do in Canada
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