ROE reason for dismissal: Risks of getting it wrong

What happens when an employee disagrees with the stated reason for dismissal?
By Colin Gibson
|Canadian Employment Law Today|Last Updated: 01/03/2018

Question: If an employee disputes the reason for her dismissal, what should the employer put on the Record of Employment (ROE)? If the reason on the ROE is found to be wrong, what are the potential consequences for the employer?

Answer: Under the federal Employment Insurance Regulations, an employer is required to complete and file a Record of Employment (ROE) when an employee has an interruption of earnings. An interruption of earnings occurs when an employee has had, or is anticipated to have, seven consecutive calendar days with no work and no insurable earnings from the employer, or when an employee’s salary falls below 60 per cent of her regular weekly earnings for reasons such as illness, injury, pregnancy or the need to care for an ill family member.

Employment and Social Development Canada (ESDC) uses the information in an ROE to determine whether an employee who has experienced an interruption of earnings is eligible to receive Employment Insurance (EI) benefits, what the benefit amount will be, and how long the person will be eligible to receive those benefits.