Can you get employment insurance if you’re fired?

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Losing your job can be an overwhelming experience, bringing financial uncertainty and stress. One of the first steps you should take after job loss is to determine whether you qualify for employment insurance (EI). This federal program provides temporary financial assistance to those who have lost their jobs through no fault of their own.

To help you understand the eligibility criteria and the application process, we spoke to Lior Samfiru, employment lawyer and co-founding partner of Samfiru Tumarkin LLP, Canada’s largest plaintiff-side employment and disability law firm.

How EI works and payment calculations

EI benefits can provide up to 55 per cent of your previous earnings, to a maximum of $695 per week. The specific amount you could receive depends on factors like the number of insurable hours worked and your region’s unemployment rate.

To receive EI, you must be actively seeking work and regularly report your job search activities while receiving benefits. Any changes to your employment status or income must be reported to avoid issues with your claim.

Who is eligible for EI?

To qualify for employment insurance, you must meet these criteria:

• You paid EI premiums during your employment.
• You lost your job through no fault of your own - such as layoffs, company downsizing, or termination without cause.
• You’re available and actively looking for work.
• You worked a minimum number of insurable hours in the past 52 weeks (the exact number varies by region.)

Can you get EI if you’re fired?

Yes - if you were fired without cause. That includes being let go due to company restructuring, downsizing, or cost-cutting measures. Employees dismissed for cause – meaning serious misconduct – may be denied EI. But even then, not all terminations “for cause” are legitimate.

As Samfiru explains, “People often think that being fired without a reason affects their EI eligibility. The good news is that being fired without cause specifically qualifies you for EI benefits.“

If you were fired, visit the Pocket Employment Lawyer to explore your options and learn about related issues like severance pay, constructive dismissal, and human rights violations.

Termination without cause vs. termination for cause

• Termination without cause: This happens when an employer lets you go for reasons unrelated to misconduct, like business changes or performance concerns. Employers don’t have to give a reason, but they must provide full severance pay and can’t break human rights laws.
• Termination for cause: In contrast, termination for cause is a serious form of dismissal for things like harassment, theft, fraud or insubordination. In these cases, no severance is required, and the employer must prove that the misconduct was severe enough to justify immediate termination.

READ MORE: What you’re getting wrong about terminations

EI and termination for cause

Employees fired for just cause are usually ineligible for EI. But many employers wrongly claim “just cause” when it’s not actually justified. If this happens, you may still qualify for both severance and EI.

Samfiru notes, “Just because your employer says it’s ‘for cause’ doesn’t make it true. Talk to an employment lawyer on my team to find out if your dismissal was legal and what benefits you’re actually entitled to.”

Do I qualify for EI if I’m receiving severance pay?

You can’t collect EI while collecting severance pay. EI will only kick in once your severance or working notice period ends.

Before accepting a severance offer, have it reviewed by an employment lawyer. Many employers set fake “deadlines” to pressure employees into accepting far less than they’re owed.

“Those deadlines? They’re just pressure tactics,” says Samfiru. “Employees are owed as much as 24 months’ pay, but companies routinely offer less than that. Don’t sign anything until you talk to us.”

READ MORE: Think you’re not owed severance? 5 myths that could cost you thousands

When should you apply for EI?

Apply for EI benefits as soon as possible after your last day of work - even if you haven’t received your Record of Employment (ROE) yet.

There is a one-week waiting period before payments begin, and you have four weeks from your last day to submit your application. Applying late can reduce or eliminate your benefits.

How to apply for EI benefits

Applying for EI is simple:

1. Gather your documents. You’ll need your social insurance number (SIN), personal ID, and ROE.
2. Apply online at the Service Canada website.
3. Double-check your info before submitting to avoid delays.
4. Wait for confirmation from Service Canada on your eligibility.

Final takeaway

Can you get EI if you’re fired? Yes - if it wasn’t for serious misconduct. Even then, there’s often more to the story. EI, severance pay, and wrongful dismissal are complex and often misunderstood. Speak to Samfiru Tumarkin LLP for clear answers and proper compensation after you lose your job.

Recognized as Canada’s leading employment law firm, Samfiru Tumarkin LLP represents non-unionized employees in Ontario, Alberta and B.C., and handles denied long-term disability benefits in all provinces (excluding Quebec).

Discover your rights by watching Lior Samfiru on Ask a Lawyer every Monday and Wednesday at 9:00 p.m. on CP24.