Employment Termination Question.

[verbalks]

A week ago Tuesday my former employer and I mutually agreed to part ways. I was still on probation so there isn't anything complicated about the parting of ways but I still have not received my final pay cheque or any of the paperwork for E.I.

I don't want to make a scene by going back to my old place of employment but they do still owe me some money and the paper work. Is there a limit to how long the employer has to pay up? (There isn't any extenuating circumstances. Just this "isn't working out" "Yes you are probably right.")

 

[LancsLad]

You should have it by now. A polite phone call should do the trick.



.

 

[landscaper]

A polite phone call should help, with a mutual parting of the ways your final check should come out when they do the next payroll run, the E.I. should be available following that.

 

[Captain Fantastic]

Your Record of Employment (ROE) - the most important document for collecting E.I. - should be made available within 5 days after your last pay period.

That being said, you cannot collect E.I. (well, you can, but you had better have a legitimate/good reason) if you are deemed to have quit your job. When you receive your ROE, check to see the reason for leaving the position area of the document. If it states that you quit, then you will have to get your "ducks in a row", so to speak and come up with a pretty compelling case for why you deserve E.I. - since you had a job and quit without reason, another position or a safety net. And since you stated that you were still on probation, are you even eligible for E.I.?

Record of Employment (ROE)

Service Canada

...

Generally, a ROE must be issued within five (5) calendar days of the interruption of earnings or the date the employer becomes aware of the interruption.

When does an interruption of earnings occur?

When an employee:

• quits his/her job;
• is laid off or terminated;
• has had (within the last 52 weeks or since the last ROE), or is anticipated to have seven (7) consecutive calendar days without both work and insurable earnings from the employer.

Exceptions: this seven-day rule does not apply to the two following cases:
Real estate agents: an interruption of earnings occurs only when their license is surrendered, suspended or revoked.

Employees paid mainly by commission: an interruption of earnings occurs when the employment relationship ends.

An interruption of earnings also occurs when the salary falls below 60% of normal weekly earnings due to illness, injury, quarantine, pregnancy, the need for a parent to care for either newly born or adopted children, or the need to provide care or support to a family member who is gravely ill with a significant risk of death.

In all cases, a ROE must be issued when requested by Service Canada.

Special situations:

The ROE may not have to be issued within the five-day period:

1. Change in Ownership:

This is an interruption of earnings for the employees concerned. However, no ROE is required as long as these two (2) conditions are met:

• there has not been an actual break in the employee's receipt of wages or salary between former and new employers; and
• the former employer's payroll records are available to the new employer and the new employer agrees to issue a single ROE covering both periods of employment should the need arise.

2. For part-time, on-call or casual workers:

The ROE may not be issued each time there is an interruption of earnings, but it must be issued in the following circumstances:

• the ROE is requested by the employee and an interruption of earnings has occured;
• the employee is no longer on the employer's active employment list;
• the ROE is requested by Service Canada; and
• no work is performed for 30 days and there are no insurable earnings for that period.

3. Mass lay-off:

When a large number of employees are being laid off, as in a plant closure, special arrangements can be made regarding ROE issuance.

Contact your local Service Canada Centre for more information.

Also visit ROE Web.

 

[verbalks]

Your Record of Employment (ROE) - the most important document for collecting E.I. - should be made available within 5 days after your last pay period.

That being said, you cannot collect E.I. (well, you can, but you had better have a legitimate/good reason) if you are deemed to have quit your job. When you receive your ROE, check to see the reason for leaving the position area of the document. If it states that you quit, then you will have to get your "ducks in a row", so to speak and come up with a pretty compelling case for why you deserve E.I. - since you had a job and quit without reason, another position or a safety net. And since you stated that you were still on probation, are you even eligible for E.I.?


Also visit ROE Web.

Thank you for the info. I don't qualify for U.I; however; I would like to get my money, wrap lose ends and move on.

I may need the ROE down the road to collect at some other date.

 

[tboy]

Thank you for the info. I don't qualify for U.I; however; I would like to get my money, wrap lose ends and move on.

I may need the ROE down the road to collect at some other date.

You need the ROE no matter whether you apply for EI or not.

As the Captain said, your cheque should have been produced on the next cheque run but more typical is for them to have your cheque ready to hand to you on your last day (including your last day's pay).