The general rule for Employment Insurance eligibility is having lost employment for no fault of your own. Employment insurance (EI) benefits provide temporary financial assistance in those circumstances.
If you’re terminated, eligibility depends on the facts of the separation, as well as whether or not you have worked a sufficient number of insurable hours.
A termination “for cause” does not automatically mean you are ineligible for EI, but if Service Canada determines you lost your job because of “misconduct” you can be disqualified from EI regular benefits.
For EI purposes, misconduct generally involves an inappropriate action, omission, offence, or professional fault that was done willingly or deliberately, in breach of obligations under the employment relationship, where the employee knew or should have known the behaviour could lead to dismissal. Misconduct does not need to occur at work or during working hours, conduct outside the workplace can still qualify if it causes the employee to no longer meet an essential condition of employment (for example, an integrity requirement in a trust-based role).
When you apply to receive EI benefits, Service Canada may contact the employer for their account and supporting details. You’ll also have an opportunity to provide your version of events and any documents or context that helps explain what happened. The agent then assesses the evidence against the EI legal test and issues a decision.
If Service Canada denies your EI claim, you can request a reconsideration. The reconsideration is handled by a different Service Canada officer. If you still disagree with the reconsideration decision, you can appeal to the Social Security Tribunal (SST) – General Division within 30 days of receiving it.
Frequently Asked Questions about EI Eligibility Criteria
What is Employment Insurance (EI) and who does it cover?
Employment Insurance (EI) is a federal program that provides temporary income support, including regular benefits for people who lose their job through no fault of their own and are available for and able to work. It generally covers people who worked in insurable employment and paid EI premiums.
When is someone eligible to receive EI regular benefits?
You’re generally collect EI if you worked in insurable employment, lost your job through no fault of your own, have been without work and without pay for at least 7 consecutive days in the last 52 weeks, have the required insurable hours in the qualifying period, and are ready, willing, and capable of working each day but can’t find work.
What does “insurable employment” mean under EI rules?
In practical terms, insurable employment is usually employee work (a “contract of service”), where the hours you work for pay count as insurable and are reported on your Record of Employment (ROE).
Can you get EI if you quit your job voluntarily?
Usually not. If you voluntarily leave, you’re generally not entitled to EI regular benefits unless you can show you had just cause under EI rules.
What is “just cause” for quitting and can that make you eligible for EI benefits?
For EI purposes, quitting can still lead to benefits if you had “just cause,” and the analysis is similar to the one used to determine constructive dismissal.
The focus is whether the workplace situation became such that a reasonable person in your position had no reasonable alternative but to leave, after considering practical options like reporting the issue, seeking accommodation, requesting changes, using internal processes, or finding another role before resigning. In other words, EI looks at whether the circumstances effectively forced the resignation, not simply whether you preferred to leave.
How many insurable hours do you need to qualify for EI benefits?
For EI regular benefits, you generally need between 420 and 700 insurable hours, depending on the unemployment rate in your EI economic region at the time you apply. The Government of Canada publishes a current table by region showing the hours required to collect unemployment.
Is there a waiting period before EI benefits start after job loss?
Normally, there is a 1-week waiting period before EI starts paying. However, the Government of Canada has a temporary measure waiving the waiting period for new EI claims that start between March 30, 2025 and April 11, 2026 (with an option to “serve” it in limited situations if it’s beneficial due to certain top-ups).
If you receive severance pay, does that affect when you become eligible for EI?
Often, yes: separation monies (including severance/pay in lieu) can be treated as earnings and affect EI timing under the usual allocation rules. But there is also a temporary measure: from March 30, 2025 to April 11, 2026, earnings paid due to separation are not deducted from EI benefits if the benefit period or allocation starts during that window.
Can part-time or temporary work affect your EI entitlement while on benefits?
Yes. Under “Working While on Claim,” if you earn money while receiving EI, you can generally keep 50 cents of benefits for every dollar earned, up to 90% of your previous weekly earnings used to calculate EI. Above that, benefits are reduced dollar-for-dollar, and you’re not eligible for EI for any week you work a full week. You must report all work and earnings.
Whitten & Lublin Can Help You Protect Your Position
Questions about employment insurance benefits often come up right after a termination, but it is usually just one part of a more complicated story. The same facts that affect EI eligibility, what your employer says happened, how it’s recorded on the ROE, and whether “misconduct” is alleged, can also shape a broader termination dispute and your leverage in resolving it.
At Whitten & Lublin, we help employees make sense of termination disputes. Our experienced employment lawyers can assess your former employer’s stated reason for dismissal, assess whether “cause” is being used as a pressure tactic, and map out the best path forward to protect your rights and interests.
If you’ve been fired for what you feel are dubious reasons, believe you are owed severance pay beyond what you have been offered, or are being pressured into signing a severance agreement, contact us online or call 416-640-2667 to discuss your options and get advice grounded in real employment law experience.
