Should employers appeal EI rulings?

If an agent rules an employee fired for cause is entitled to employment insurance benefits, could it hurt the employer in a wrongful dismissal suit?
By Stuart Rudner
|Canadian Employment Law Today

A situation recently came to my attention where an employer in Ontario had finally dismissed a particularly difficult employee after years of inappropriate behaviour. The employer had given this employee numerous warnings and ultimately terminated his employment for cause.

Not surprisingly, a letter from the employee’s lawyer followed and, when no settlement could be reached, litigation was commenced based upon a claim of wrongful dismissal.

In the meantime, the former employee applied for employment insurance. The issue facing the insurance agent was whether the employment relationship had been severed due to the employee’s misconduct, since the