Unlock the eSignature Legality for Employee Incident Report in Canada

How to eSign a document: eSignature lawfulness for Employee Incident Report in Canada

foreign [Music] hi Dave ertle here senior employment lawyer and founder of erdel lawyers in this video I'm going to answer some of the most frequently asked questions that we get about the record of employment including what's it for when do you get it what happens if the employer doesn't provide you with one and what if something on the Roe is incorrect I'm also going to discuss block 16 and that's where the employer lists the reason for issuing the Roe in the first place and whether that reason could mess with your ability to get EI here we go Service Canada uses the information on the record of employment to determine whether a person who has experienced an interruption in earnings such as with the termination is eligible to receive EI benefits what the benefit amount will be and how long the person is eligible to receive those benefits this depends on whether you get a paper copy or an electronic version if your employer issues the record of employment electronically then it should be made available to you five days after your pay period in which your termination occurs and that's if your pay period is weekly bi-weekly or semi-monthly if your pay period is monthly which is a little uncommon then it is the earlier of five days after your pay period or 15 days after your termination whichever is earlier if your employer still uses paper copies then you must get the Roe within five days of your termination who else sees it nobody just Service Canada and you no future employer will ever see it sometimes employers don't issue the record of employment on time and if this happens call or email your employer and demand it and if they don't respond to you go to the government of Canada website look for a form called request for record of employment it has a form number called ins 3166 download it fill it out and mail or deliver it to Service Canada if you otherwise have a lawyer working for you he or she will also put pressure on your employer to issue the record of employment if you notice that something's incorrect on your record of employment contact your ex-employer and ask them to fix it if you have a lawyer working for you have them contact your ex-employer it's quite simple for an employer to issue an amended record of employment if your ex-employer doesn't fix it speak with service Canon about it block 16 is the space where the employer puts the reason for issuing the Roe in the first place now there are letter codes that employer can put in that block for example code a is shortage of work code B is Strike or locko Code E is quit code f is maternity code g is retirement but for dismissal or termination there's only one code and it is the letter M and that's kind of unfortunate and here's why a dismissal can be without cause in which case you should be able to get EI if you have enough insurable hours but dismissal can also be with cause where the employer believes you've engaged in some type of misconduct and in that case you aren't entitled to EI but since letter M is the only letter for dismissal Service Canada doesn't know whether you were terminated with or without cause what an employer ought to do is to type in or near box 16 the words without cause or with cause or alternatively choose the code K which stands for other and then write an explanation in Block 18. so if you only see the letter M on your record of employment don't panic but you will probably have to have a discussion with Service Canada to explain the reason for your termination you can give your side of the story to a Service Canada officer they will ultimately make the decision whether you are entitled to EI or not in our experience unless you were terminated for some very serious misconduct you should be able to get EI and those are some of the most frequent questions we get about the record of employment once again I'm Dave ertle senior employment lawyer and founder of erdel lawyers if you've been terminated or have another employment issue give us a call we offer a free consultation and fair and flexible billing our help can make all the difference foreign [Music]