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Record Of Employment What Employees Need To Know: How We Can Help
Process
Our legal analysis of Record of Employment issues follows a structured, evidence-based approach. We begin by reviewing the ROE form, pay stubs, and employment contract against the standards set by the Employment Insurance Act and Service Canada's guidelines. We identify discrepancies in codes, dates, or insurable hours—common errors that can reduce EI benefits by hundreds or thousands of dollars. We then advise on the formal process for requesting corrections from the employer, which includes documented written requests and specific deadlines. If unresolved, we guide clients through filing a complaint with Service Canada, a process governed by strict statutory timelines. For related issues like termination pay, please see our guide on How Is Severance Pay Calculated.
At a Glance
| Parameter | Reference Value |
|---|---|
| Employer Issuance Deadline | 5 calendar days after earnings interruption |
| Common Review Period | 1-3 weeks for initial assessment |
| Key ROE Sections for Review | Codes (Block 16), Insurable Hours & Earnings (Blocks 15C, 15B) |
| Service Canada Complaint Window | 30 days from ROE receipt (recommended) |
Local Considerations — Canada
ROE practices and common disputes can vary across Canada's diverse economic regions. In major tech and finance hubs like Toronto and Vancouver, issues often arise from complex compensation structures, bonuses, and stock options affecting insurable earnings. In sectors like Alberta's energy or British Columbia's forestry, ROE errors may relate to seasonal layoffs or shift differentials. Quebec has distinct provincial labor standards that can interplay with federal EI requirements. Our national team is versed in these regional nuances, ensuring advice is tailored to local industry practices and the specific administrative procedures of Service Canada offices nationwide, including those in Montreal and Calgary.
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Standards & Compliance
- Employment Insurance Act (S.C. 1996, c. 23)
- Service Canada ROE Guide & Reporting Requirements
- Canada Labour Code (for federally regulated employers)
- Relevant Provincial Employment Standards Acts
Frequently Asked Questions
What are the most common errors found on a Record of Employment?
The most frequent errors involve Block 16 (Reason for Issuing ROE), where an incorrect code is used (e.g., 'A' for Shortage of Work vs. 'M' for Dismissal), and Blocks 15B/C, where insurable hours or earnings are under-reported. These mistakes can significantly delay or reduce EI benefit entitlements.
What can I do if my employer refuses to issue or correct an ROE?
If your employer is non-compliant, you should first make your request in writing, keeping a record. The next step is to file a formal complaint with Service Canada. They have the authority to contact the employer directly, demand the ROE, and even estimate your insurable hours if necessary.
How long does the process to fix an ROE typically take?
The timeline varies. A simple correction requested directly from a cooperative employer can be resolved in 1-2 weeks. Involving Service Canada can extend the process to 4-8 weeks for a resolution, depending on their caseload and the employer's responsiveness.
How much does Record Of Employment What Employees Need To Know in Canada?
The cost for legal assistance with an ROE issue depends on the complexity, such as the number of discrepancies, whether a Service Canada complaint is needed, and if it is part of a larger wrongful dismissal case. For 2024, initial case reviews and demand letters typically range within a specific bracket. We recommend requesting a tailored consultation for a precise estimate based on your documents.