Employment Insurance – Am I Eligible if I Was Fired?

Employment Insurance – Am I Eligible if I Was Fired?

Many people are unclear on their eligibility for Employment Insurance (EI). For instance, you may be asking yourself, can you get employment insurance if you were fired?

What is Employment Insurance?

Employment Insurance (EI) provides regular benefits to individuals who lose their jobs through no fault of their own, are able and available to work, but are unable to secure employment.

Who is eligible for EI?

If you were terminated or fired without cause, you are likely eligible to receive EI regular benefits. To be eligible, you need to demonstrate that you:

  • lost your job through no fault of your own;
  • have worked between 420 and 700 hours of insurable employment hours in the last 52 weeks or since the start of your last EI claim, whichever is shorter;
  • have been without work and without pay for at least 7 consecutive days in the last 52 weeks;
  • are ready, willing and capable of working each day;
  • are actively looking for work.

As EI is a two-way street, you must demonstrate that you are actively looking for work by keeping a written record of employers you contact, including when you contacted them.

Can you receive EI if you are terminated with cause?

If you were terminated with cause this may impact your eligibility. Typically, an EI claim will be denied if you were terminated for misconduct. Generally, “misconduct” refers to any inappropriate action, offence, or professional fault committed willingly or deliberately by a person while working for an employer. In essence, the employee should have known that the actions, omissions or faults could result in a dismissal. This includes actions such as theft, insubordination or violence and does not typically include performance issues or unsatisfactory work.

What are my reporting obligations

If you have been approved and are currently receiving EI, you are required to complete a report every 2 weeks to show that you are eligible to continue receiving benefits. Reports can be made by internet or telephone. Failure to do so can mean a loss of benefits.

For each week of the report, you need to:

  • indicate dates and hours worked and earnings before deductions, even if you’ll be paid later;
  • provide the contact information of any employers;
  • enter hours spent at school or in a training course and any training allowance received;
  • indicate whether you were available for work; and
  • report other money, even if you’ll receive it later.

Can you get employment insurance if you are fired – the answer is it depends.  If you were terminated without cause, then most likely you are eligible.  However, if your termination was for cause, things become much more complicated, and your eligibility may be impacted.  If you would like to get advice on whether you qualify for EI, please contact Whitten & Lublin online or by phone at (416) 640-2667 .

Author – Sophie Teversham