What if my employer is not giving me Roe?
If your employer is not giving you a Record of Employment (ROE), they are likely in breach of their legal obligations. In Canada, employers are required by law to issue an ROE within five calendar days after an employee’s last day of work or the first day they become aware of an interruption of earnings. Failing to do so exposes the employer to regulatory penalties and leaves employees unable to access Employment Insurance (EI) benefits they may urgently need. The sections below address the most common questions employers and HR professionals have about ROE obligations, enforcement, and what happens when the process breaks down.
Can an employer legally withhold your ROE?
No. An employer cannot legally withhold a Record of Employment. Under the Employment Insurance Act, issuing an ROE is a statutory obligation, not a discretionary act. The requirement applies regardless of the reason for separation, whether the employee resigned, was terminated, or experienced a reduction in hours. No dispute, outstanding debt, or disciplinary matter gives an employer the right to delay or refuse issuance.
This is a point that HR leaders and operations directors managing large or distributed workforces must communicate clearly to line managers. The ROE must be issued promptly even when the employment relationship ends on difficult terms. Withholding the document as leverage in a severance negotiation or to pressure a former employee is not only unlawful but creates significant liability exposure for the organisation.
What are the consequences for an employer who doesn’t issue an ROE?
An employer who fails to issue an ROE on time can face fines, prosecution, and reputational damage. Service Canada takes non-compliance seriously. Employers found in violation of the Employment Insurance Act can be prosecuted and fined up to $2,000 per offence, with each missing or late ROE treated as a separate offence. In cases of deliberate non-compliance, more serious penalties may apply.
Beyond regulatory fines, the practical consequences compound quickly. A delayed ROE can trigger complaints to Service Canada, which may then conduct an audit of the employer’s broader payroll and HR records. For organisations already managing compliance pressure, this kind of scrutiny can be costly and disruptive. HR directors and CFOs should treat ROE issuance as a non-negotiable process control, not an administrative afterthought.
How do you get your ROE if your employer refuses?
If an employer refuses to issue an ROE, the affected party should contact Service Canada directly. Service Canada has the authority to compel an employer to produce the document and can intervene on behalf of individuals who are being denied access to their ROE. A complaint can be filed by phone or through the Service Canada website.
In practice, the process involves Service Canada contacting the employer and demanding compliance within a specified timeframe. If the employer continues to refuse, enforcement action follows. It is worth noting that employers who submit ROEs electronically through the ROE Web system are required to do so within five calendar days of the interruption of earnings, and Service Canada can access those records directly when investigating a complaint. For HR teams managing complex separations, ensuring that electronic ROE submissions are completed on schedule is the most defensible position.
Can you apply for EI without an ROE?
Yes, it is possible to apply for Employment Insurance without an ROE, though the absence of the document will delay the processing of the claim. Service Canada advises individuals not to wait for an ROE before applying for EI. An application can be submitted as soon as employment ends, and Service Canada will follow up with the employer directly to obtain the missing document.
However, EI payments will not begin until the ROE is received and processed. This delay can cause real financial hardship for individuals who depend on those benefits. For employers, this is another reason to treat timely ROE issuance as a priority. A late ROE does not just inconvenience a former employee; it creates a paper trail that Service Canada will investigate, and it signals poor HR process management to regulators.
What information should an ROE contain?
A valid ROE must contain specific mandatory fields that allow Service Canada to determine EI eligibility and calculate benefit entitlements. These fields are standardised and cannot be omitted or approximated.
- Employee information: Full legal name, Social Insurance Number (SIN), and address
- Employer information: Business name, address, and payroll reference number
- Period of employment: First and last days worked
- Reason for separation: The correct code from the standardised list (e.g. shortage of work, resignation, illness)
- Insurable earnings: Total earnings in the last 27 pay periods or 52 weeks, depending on pay frequency
- Insurable hours: Total hours worked during the same reference period
- Vacation pay: Any outstanding vacation pay owed to the employee
Accuracy across all these fields is critical. Errors in the reason code or earnings data are among the most common causes of EI claim delays and disputes. Organisations with high employee turnover or complex pay structures benefit from having a dedicated HR or payroll specialist responsible for ROE quality control.
What should you do if the ROE contains errors?
If an ROE contains errors, the employer must issue an amended ROE as soon as the error is identified. Service Canada accepts amendments to previously submitted ROEs, and correcting the record promptly is the employer’s responsibility. Errors left uncorrected can result in incorrect EI benefit calculations, which may later trigger overpayment recovery from the employee.
Common errors include incorrect separation codes, miscalculated insurable earnings, and missing vacation pay entries. When an error is discovered, HR should document what was wrong, issue the corrected ROE through ROE Web or on paper, and notify Service Canada if the error may have affected a pending or active EI claim. Employers operating across multiple jurisdictions or using third-party payroll providers should build a verification step into their offboarding process to catch discrepancies before they become compliance issues.
For organisations expanding into new markets or managing cross-border employment arrangements, having a structured compliance framework around documentation and payroll obligations is essential. Blue Lynx’s Employer of Record service is designed precisely for this kind of operational complexity, ensuring that statutory obligations like ROE issuance are handled accurately and on time, without placing the burden entirely on the client’s internal HR team.