I was terminated about 6 weeks ago and my ex employer was supposed to send me my separation papers and never did I been trying to email him and he never replies which he normally does, now I can't get E.I. because it might be to late and not sure what my rights are since this is my first time being terminated after 7 months of working for them.
no seperation papers received by my employer
- Thread starter jessica4u
- Start date
If you were fired you might not get it anyway, you should have filed right away, ticked the box that said, ROE to follow, then it's in EI's hands, they go after the employer for the ROE, if he won't give it to you, he has to provide it to them.....seven months might not be long enough to qualify either, call them, it might be tough getting through to them though, terribly busy these days.
Generally if you've been fired or quit, you have to go through an appeals process and I've heard they're like a parole hearing, real pricks. Apply online, it's very easy. They'll send you something in the mail saying if you qualify or not.
Generally if you've been fired or quit, you have to go through an appeals process and I've heard they're like a parole hearing, real pricks. Apply online, it's very easy. They'll send you something in the mail saying if you qualify or not.
You could also go file in person, it's actually faster and if there are any issue with your application they can address it right away.
http://www1.servicecanada.gc.ca/cgi-bin/hr-search.cgi?cmd=lst&pv=on&ln=eng
http://www1.servicecanada.gc.ca/cgi-bin/hr-search.cgi?cmd=lst&pv=on&ln=eng
My understanding was 48 hours for an ROE when there is a termination... but it looks like 5 business days.
Complain to UI (now called Service Canada)... they will get the employer in serious shit.
http://www.hrsdc.gc.ca/eng/lp/spila/clli/eslc/07termination_of_employment.shtml
http://www.servicecanada.gc.ca/eng/ei/employers/roe_guide.shtml#empWhenToIssue_e
When to issue a ROE
Generally, a ROE must be issued within five (5) calendar days of the interruption of earnings or the date the employer becomes aware of the interruption.
When does an interruption of earnings occur?
When an employee:
quits his/her job;
is laid off or terminated;
has had (within the last 52 weeks or since the last ROE), or is anticipated to have seven (7) consecutive calendar days without both work and insurable earnings from the employer.
Exceptions: this seven-day rule does not apply to the two following cases:
Real estate agents: an interruption of earnings occurs only when their license is surrendered, suspended or revoked.
Employees paid mainly by commission: an interruption of earnings occurs when the employment relationship ends.
Complain to UI (now called Service Canada)... they will get the employer in serious shit.
http://www.hrsdc.gc.ca/eng/lp/spila/clli/eslc/07termination_of_employment.shtml
http://www.servicecanada.gc.ca/eng/ei/employers/roe_guide.shtml#empWhenToIssue_e
When to issue a ROE
Generally, a ROE must be issued within five (5) calendar days of the interruption of earnings or the date the employer becomes aware of the interruption.
When does an interruption of earnings occur?
When an employee:
quits his/her job;
is laid off or terminated;
has had (within the last 52 weeks or since the last ROE), or is anticipated to have seven (7) consecutive calendar days without both work and insurable earnings from the employer.
Exceptions: this seven-day rule does not apply to the two following cases:
Real estate agents: an interruption of earnings occurs only when their license is surrendered, suspended or revoked.
Employees paid mainly by commission: an interruption of earnings occurs when the employment relationship ends.
As long as you filed and gave him as your employer, they'll go after him, don't bother going down there, it's no faster, they just give you a card with their web address on it, tell you to go online, they don't want people in there.
As long as you filed, you're in the system. Employers rarely put terminted on ROE's because they have to prove why they fired you and have it all documented and have a good reason for doing it. Smart employers just tick layoff and avoid the hassle.
As long as you filed, you're in the system. Employers rarely put terminted on ROE's because they have to prove why they fired you and have it all documented and have a good reason for doing it. Smart employers just tick layoff and avoid the hassle.
FYI, the 5 days isn't pursued aggressively by Employment Standards. It's tacitly recognized that 5 days is often not enough time for many employers to get their paperwork in order.
You will get it. Just don't expect it to miraculously appear in 5 days.
You will get it. Just don't expect it to miraculously appear in 5 days.
The last time I was on EI I did not apply till 3 months after I was gone from my employer. (I was living off my savings) When I applied I told them that I waited for so long because I did not think I was qualified to apply since I had so much savings and I was expecting a severance. No prob at all... they even back paid me. Took some time to get approval... but when they did I got 4 months all at once.
Your employer must give you separation paper work... go to EI in person, show them copies of your e-mails, call your employer right in front of them. They will see your situation and take care of it for you.
Your employer must give you separation paper work... go to EI in person, show them copies of your e-mails, call your employer right in front of them. They will see your situation and take care of it for you.
For Keeb and Night:
Don't they notify Service Canada/Rev Canada immediately upon termination anyways? I know employers have to pay various fees for each employee they have on staff (Canada health etc) so it is to their benefit to have an employee off their records.
Don't they notify Service Canada/Rev Canada immediately upon termination anyways? I know employers have to pay various fees for each employee they have on staff (Canada health etc) so it is to their benefit to have an employee off their records.
