Employment Insurance and loss of employment due to misconduct
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What is misconduct
For Employment Insurance (EI), misconduct occurs when an employee's actions or omissions are done knowingly, intentionally, or with little regard for their consequences. This means that the employee knew, or should have known, that their actions or omissions could interfere with their work duties and result in suspension or loss of employment. Misconduct includes situations that go against their employment conditions, such as:
- being absent from work or arriving late without notification, justification or permission
- refusing to perform certain duties, to carry out orders or instructions, or to work overtime
- showing hostile behaviour and being disrespectful, aggressive, or violent
- breaking workplace rules and policies related to dress and appearance, safety, impairme nt and addiction (for example, alcohol, drugs or gambling), job responsibilities, company resources, and criminal activities
- being in jail
- losing driver's licence, when the job involves driving
- participating in unlawful union activities
The actions or omissions don't have to occur during work hours, at the workplace or while carrying out duties for the employer. Actions or omissions committed outside of the workplace could be considered misconduct when they result in the employee no longer meeting their employment conditions and losing their job.
If an employee tries their best to perform their duties, but loses their job, this is generally not considered misconduct. A lack of skills, aptitude, or ability on its own doesn't mean the employee acted knowingly or intentionally.
How misconduct affects eligibility for Employment Insurance benefits
You may receive EI regular benefits if you lose your job through no fault of your own.
If you're suspended or lost your job due to your own misconduct, you cannot receive regular benefits. However, you may still receive sickness, maternity or parental, or caregiving benefits if you qualify.
After you're suspended or lose your job due to your own misconduct, you must work the minimum number of insurable hours required to later receive regular benefits.
Loss of employment before end of term or layoff
If you're suspended or lose your job due to your own misconduct within 3 weeks of the end of your term or of your layoff (as notified by your employer), you can't receive regular benefits up to the date your employment was expected to end. After that date, you may receive regular benefits if you qualify.
However, you may still receive sickness, maternity and parental, or caregiving benefits within 3 weeks of your employment expected end date if you qualify.
How we determine if misconduct occurred
To determine if misconduct occurred, we must:
Obtain relevant information from various sources
When applying for EI benefits, you're asked to provide information regarding your suspension or loss of employment.
We'll also contact your employer to clarify:
- what actions or omissions led to your suspension or loss of employment, and their exact nature and context
- why those actions or omissions justified your suspension or loss of employment
- whether those actions or omissions went against your employment contract or conditions, or broke the employer's rules or policies
- what information (such as testimony, investigations or reports) the employer relied on to determine that you committed those actions or omissions
- whether you had been previously informed of the employer's rules, policies, expectations or requirements
- what reasons you gave for those actions or omissions
- why there was a delay between when the employer learned about those actions or omissions and when you were suspended or lost your job, if applicable
We'll then contact you after receiving the information from your employer to clarify:
- whether you agree with the employer's version and whether you have further information
- whether you knew about the employer's rules, policies, expectations or requirements
- what events led to the actions or omissions
- whether there are any witnesses who could testify to what happened
If you feel you lost your job without just cause
You can file a labour standards complaint with the relevant authorities in your province or territory. If you're working in a federally regulated workplace or industry, you can file a labour standards complaint with the Labour Program.
In some situations, we may contact other individuals who are familiar with the facts (such as a coworker or team leader) to obtain further information.
Review the facts and make a decision
Once all the relevant facts are obtained , we'll review them and make a decision based on all the information and evidence received. A decision to disqualify you from receiving benefits may be made if the evidence shows that you:
- committed actions or omissions that meet the definition of misconduct
- lost your job because of those actions or omissions
Our decision is based on the Employment Insurance Act and jurisprudence . If you disagree with our decision, you can request a reconsideration.
Contact us
For more information or if you have any questions, contact us.