Employment Insurance After Being Fired in Ontario

EI After Dismissal: The General Rule

Whether you can receive Employment Insurance (EI) benefits after being fired depends on the reason for your dismissal. Under Canada's Employment Insurance Act, a person who loses their job due to their own "misconduct" — as defined by Service Canada — may be disqualified from receiving EI benefits. However, this disqualification is more limited than many people assume.

What Counts as Misconduct for EI Purposes?

Service Canada defines misconduct as a deliberate act that the employee knew or should have known would likely result in dismissal. This is a narrow definition. Examples that may qualify include: repeated theft, violence, serious and repeated policy violations, and deliberate insubordination.

What does not qualify as misconduct for EI purposes in most circumstances: poor performance, honest mistakes, being unable to do the job, incompetence, or personality conflicts. Being fired "for cause" by your employer does not automatically disqualify you from EI — Service Canada makes its own independent determination.

Constructive Dismissal and EI

If you resigned because of constructive dismissal — your employer made your working conditions so intolerable you had no reasonable choice but to leave — you may be treated as having been involuntarily separated and eligible for EI. Gather documentation of the employer's conduct and the circumstances of your departure.

How to Apply

Apply for EI as soon as possible after your last day of work — within four weeks if possible. Your employer must provide a Record of Employment (ROE) within five days of your last day. Apply online at canada.ca/ei.

How to Appeal an EI Denial

If Service Canada denies your EI claim, you can request a reconsideration. If the reconsideration is also denied, you can appeal to the Social Security Tribunal of Canada. Having the facts of your dismissal clearly documented — including any employment lawyer's analysis — strengthens your appeal.