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Can You Be Denied EI Benefits in Canada?

Updated

Short Answer

Yes. EI can be denied at initial application or at any point during an active claim. Contributing premiums does not guarantee approval — you must meet both the eligibility rules and the ongoing reporting requirements.

Common EI Denial Reasons

Denial reasonWhy it happens
Insufficient insurable hoursRegional threshold not met in qualifying period
Quit without just causeReason not accepted as just cause under EI Act
MisconductEmployer evidence supports disqualification
Not available for suitable workRestrictions on schedule, location, or type of work
Incomplete or inaccurate bi-weekly reportsMissing income, errors missed
Errors on Record of EmploymentWrong dates, incorrect payment amounts
Outside Canada without eligibilityBenefits pause or stop if rules not met
Imprisonment or serving a sentenceSpecific disqualification under EI Act

What “Misconduct” Actually Means

Under EI law, misconduct is a deliberate act or omission where the employee knew — or should have known — that the behaviour could lead to termination. This is a higher threshold than just poor work performance.

Examples that often qualify as misconduct:

  • Theft from employer
  • Repeated unexcused absences after warnings
  • Insubordination toward management
  • Serious policy violations (e.g., workplace harassment)
  • Possession of prohibited substances on site

Examples that typically do not qualify as misconduct:

  • Being fired because of declining performance without warnings
  • Medical-related attendance issues with professional documentation
  • Being let go during a restructuring

Importantly, even if you truly believe you were wrongfully dismissed, Service Canada conducts its own review. A wrongful dismissal does not automatically mean you receive EI — it means you may have a separate legal claim against your employer.

The ROE Code Matters More Than Most People Realize

Your Record of Employment contains a reason-for-separation code that directly influences how Service Canada treats your claim; the first-time EI guide explains where this appears during intake.

ROE codeReasonTypical EI impact
AShortage of work (layoff)Typically eligible
BStrike or lockoutBenefits paused
CReturn to schoolTypically denied
DIllness or injuryEligible for EI Sickness
EQuitJust cause review required
FMaternity/parentalEligible for parental EI
GRetirementTypically denied
KOtherTriggers investigation
MDismissalMisconduct review required
NLeave of absenceContext-dependent

If your employer issues an incorrect ROE code, you can ask them to amend it. If they refuse, Service Canada can investigate and issue a determination based on all evidence.

How Bi-Weekly Reporting Errors Cause Denials

Once your claim is active, you must file bi-weekly reports that include:

  • Your availability for work each week
  • Any earnings from employment, self-employment, or other sources
  • Confirmation you are actively seeking employment

Common reporting mistakes that trigger a clawback or suspension:

MistakeConsequence
Forgetting to report casual/part-time earningsOverpayment notice and repayment demand
Reporting unavailability (travel, vacation)Benefits pause for those weeks
Missing a report deadlineClaim may be suspended until filed
Reporting income in wrong periodCreates accounting error requiring correction

Report all earnings in the week you earned them, not when you received the cheque.

Partial Denial vs Full Denial

Not every issue results in a complete refusal. Service Canada may issue:

  • Full disqualification: No benefits at all (misconduct, insufficient hours, quit without just cause)
  • Penalty weeks: A defined number of benefit weeks are deducted (some just cause situations, delayed application)
  • Benefit deduction: Benefits reduced based on earnings during the benefit period
  • Claim suspension: Benefits stop temporarily until conditions are met (return to Canada, medical clearance)

Understanding which type of decision you received affects your appeal strategy.

Steps to Avoid a Denial

  1. Apply immediately after your last day of work. Do not wait for your ROE to arrive.
  2. Verify that the ROE your employer submits matches your actual earnings, hours, and separation date.
  3. Keep a written job search log with employer names, dates, and outcomes.
  4. Submit bi-weekly reports on time, every two weeks without fail.
  5. Report all income including casual, freelance, and self-employment earnings.
  6. If you are ill, apply for EI Sickness rather than regular EI if that applies to your situation.

What to Do If Your Claim Is Denied

StepActionTiming
1Read the denial letter in full — it identifies the specific provisionImmediately
2Gather any evidence you did not already submitWithin days
3Request reconsideration in writing at Service CanadaWithin 30 days of decision
4Attend Social Security Tribunal (General Division) if neededWithin 30 days of reconsideration decision
5Further appeal (Appeal Division) on legal error onlyWithin 30 days of General Division decision

Reconsideration works best when you submit new information — a corrected ROE, a medical note, employer correspondence, or a witness statement that was not in the file. Simply repeating your original argument rarely changes the outcome.

Bottom Line

EI denial is common and often caused by documentation gaps, reporting errors, or ROE code issues rather than outright ineligibility. Protect yourself by applying quickly, verifying your ROE, keeping accurate records, and filing reports on time every two weeks.


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