What to Do About an Incorrect Record of Employment in Ontario

Losing your job is stressful enough without discovering that the paperwork your employer filed about it is wrong. The Record of Employment, or ROE, is the document your former employer sends to the federal government explaining why your employment ended — and the reason it gives can directly affect whether, and how quickly, you receive Employment Insurance benefits.

If you believe your employer selected the wrong reason — for example, coding your departure as a resignation when you were actually let go, or suggesting misconduct when there was none — you are not stuck with it. This article explains what an ROE does, why an incorrect one is a problem, and the practical steps to get it corrected or challenged.

What a Record of Employment Actually Does

An ROE is a standardized federal form every employer must issue when an employee's earnings stop, whether because of a layoff, resignation, dismissal, or another break in employment. It records your insurable earnings and hours, and — critically — the employer's stated reason your employment ended.

The federal government relies on that stated reason to decide whether you qualify for Employment Insurance and, if so, on what terms. A reason suggesting you quit without just cause or were dismissed for misconduct can result in your claim being denied or delayed, even if your own account of events is very different.

Why the Reason Given Matters So Much

The ROE is often the government's first, and sometimes only, window into why your job ended. Two employees who were both let go without cause should generally see similarly worded ROEs; a mismatch, whether deliberate or accidental, can create real problems.

• A reason suggesting voluntary resignation can raise questions about your eligibility, since EI is generally intended for people who lose work through no fault of their own.
• A reason suggesting dismissal for misconduct can trigger a similar problem, since benefits are not designed to support someone dismissed for serious wrongdoing.
• A reason correctly reflecting a layoff or dismissal without cause generally supports a more straightforward claim.

If your employer's characterization on the ROE does not match what actually happened — or contradicts what they told you directly or in a termination letter — that discrepancy is worth addressing quickly.

Common Ways an ROE Can Be Wrong

Some inaccuracies are honest clerical mistakes; others reflect an employer trying to avoid the appearance of a dismissal, or minimize what it owes. Common patterns include:

• The employer records a resignation when the employee was actually terminated.
• The employer records a vague or unsupported misconduct reason after a no-cause dismissal, sometimes in an apparent effort to justify paying no notice.
• Insurable earnings or hours are understated, which can affect the amount and duration of any benefit.
• The final pay period or last day worked is recorded incorrectly.

None of these should be assumed to be malicious — payroll administrators process many of these forms and errors happen. But an incorrect reason can have real financial consequences, so it is worth treating as a priority rather than a minor paperwork issue.

Steps to Take If You Think Yours Is Wrong

1. Get a copy of your ROE. You are entitled to see it, and most employers issue it electronically.
2. Compare it against what you were actually told. Line up the stated reason against any termination letter, email, or verbal explanation your employer gave you.
3. Raise it with your employer directly, in writing. Many disputes are resolved simply by pointing out the discrepancy and asking for a corrected filing.
4. If the employer refuses or you disagree, say so when you apply for benefits. The government is not bound by the employer's characterization alone and can request more information from both sides.
5. Keep everything in writing. Emails, termination letters, and your own notes about conversations become important evidence if the reason for your dismissal is disputed later.
6. Get legal advice if the stakes are meaningful. If a wrong reason code is tied to a broader dispute about whether you were dismissed for cause, a lawyer can help you address both issues together.

How This Connects to a Wrongful Dismissal Dispute

An incorrect ROE is sometimes a symptom of a larger disagreement: your employer may be trying to characterize your departure as a resignation or a for-cause dismissal because that affects not just your EI eligibility but also whether you are owed notice, or pay in lieu of notice, under Ontario employment law.

If your employer told the government one story and told you another, that inconsistency can actually help your position if the matter becomes a wrongful dismissal dispute — it is documented evidence of how the employer characterized your departure at the time. A lawyer reviewing a potential wrongful dismissal claim will often ask to see the ROE for exactly this reason.

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