Can I Apply For EI if I Get Fired? Employment insurance questions Canada

Can I apply for EI if I get fired from my job? There has been a lot of misunderstanding when it comes to this question. Many people think that if they do get fired from their job that they cannot get EI benefits. Some employers even pressure their employees to quit stating that it is better that you quit then get fired. As a result many people assume that they cannot get EI benefits and do not apply. But is this true?

Can I Apply for EI if I Get Fired? Yes you can!

Anybody can apply for EI regardless of the reason you stopped working. The key is that you are no longer working or their is work stoppage of at least seven days. If you have that, then you can apply. But the real issue is that can someone get approved for EI benefits if they have been fired?

Can I Collect EI Benefits if I Have Been Fired? Sometimes Yes

A little known fact that many people do not know is that if the employer fires you and puts dismissal on your record of employment, the onus is on the employer to prove misconduct by the Employer. What is misconduct? The Employment Insurance Digest gives a detailed explanation of this term. However, in simple terms it is unlawful conduct. And this conduct by the employee was willful and of evil intent. So you can see, misconduct is serious or even unlawful actions carried out by the employee that result in his/her dismissal.

For example, if the employer put dismissal on an employee’s record of employment and stated the reason as theft. The EI Benefits Officer will call the employer and ask questions such as “what proof do you have that the employee stole? Do you have evidence such as a video? Did you file a police report?” And so on. As mentioned it is up to the employer to prove misconduct, not the claimant filing for EI.

This is because if the evidence between the employer and claimant is equal, the benefit of the doubt will go to the claimant. Here’s an excerpt from The Employment Insurance Digest which says: “The EI Act (ss49(2)) is very clear on the action to be taken if there is an issue of disqualification and the evidence presented by the claimant and by the employer are equally balanced: the benefit of the doubt is given to the claimant.”

As a result, a person can be approved for EI benefits if though they were fired because the employer has to prove that misconduct was involved.

Conclusion

If you have been fired or dismissed from your job, you definitely should apply for EI benefits. The reason is that the employer has to prove that their was misconduct to warrant a dismissal. If it comes done to a he said she said scenario, the benefit of the doubt will go to the person applying for benefits. So if you are ever in a situation where your employer says if you have the choice to quit or be fired. If you haven’t done anything unlawful, then it is better to take option 2, especially if you need to apply for EI.