Yes, you can often get Employment Insurance (EI) if you’re fired in Canada, as long as Service Canada does not determine that you lost your job because of misconduct.
Being fired does not automatically disqualify you from EI. Employees dismissed without cause, because they were not a good fit, or because they could not meet performance expectations can still qualify if they meet the other EI requirements.
If your employer says you were fired “for cause,” apply for EI anyway. Your employer does not decide whether you qualify. Service Canada makes its own decision based on the facts.
On This Page:
- 1. When Can You Get EI After Being Fired?
- 2. What Does Misconduct Mean for EI?
- 3. Fired for Cause vs. EI Eligibility
- 4. Your ROE & Applying for EI
- 5. What If EI Is Denied?
- 6. EI & Severance Pay
When Can You Get EI After Being Fired?
You can generally qualify for regular EI after being fired if the dismissal was not caused by misconduct and you meet the other eligibility requirements.
For example, you may still qualify if you were fired because:
- Your employer decided you were not a good fit
- Your position was eliminated or restructured
- You were unable to meet performance expectations despite trying
- You made ordinary mistakes at work
- You were dismissed during probation without misconduct
- Your employer terminated you without cause
You must also satisfy the normal EI requirements, including having enough insurable employment and being ready, willing and capable of working while looking for suitable employment.
Can you get EI if you’re fired for poor performance?
Yes, poor performance does not automatically prevent you from receiving EI.
Service Canada distinguishes ordinary incompetence, unsatisfactory performance or inability to do the job from deliberate misconduct. If you genuinely tried but could not meet the employer’s expectations, that is different from intentionally refusing to perform your duties.
If your employment also ended over performance concerns, see our guide to being fired for poor performance in Canada.
What Does Misconduct Mean for EI?
If Service Canada determines that you were fired because of your own misconduct, you generally won’t receive regular EI benefits based on that loss of employment.
For EI purposes, misconduct generally involves deliberate or wilful behaviour—or conduct so reckless that you should have known it could jeopardize your employment.
Examples that can potentially amount to misconduct include:
- Theft or fraud
- Serious deliberate dishonesty
- Knowingly violating an important safety rule
- Deliberately refusing an important and lawful workplace instruction
- Serious workplace violence or threats
- Certain deliberate breaches of essential employment obligations
The conduct must also be connected to why you lost your job. Service Canada looks at what actually caused the dismissal rather than simply whether your employer can identify something you did wrong.
Is making a mistake misconduct?
No, an ordinary mistake is not automatically misconduct for EI purposes.
Poor judgment, inability, inexperience or an honest performance problem can be very different from deliberately breaking a workplace obligation.
The circumstances matter, including what you did, whether it was intentional, what you knew at the time and why the employer fired you.
Does Being Fired for Cause Mean You Can’t Get EI?
No. Your employer calling the dismissal “for cause” does not automatically make you ineligible for EI.
There are two separate questions:
- Employment law: Did your employer have legal just cause to deny you notice or severance?
- Employment Insurance: Does Service Canada consider the reason you lost your job to be misconduct under EI rules?
Those tests are related, but they are not identical. Your employer does not get the final word on either question.
If your employer alleges cause, read our guide to termination for cause in Canada.
What Does Your ROE Say If You’re Fired?
An employee who is dismissed or suspended will commonly have Code M on their Record of Employment (ROE), but Code M does not automatically mean misconduct or make you ineligible for EI.
Service Canada uses your ROE as one source of information. It can also obtain information from you and your former employer before deciding whether misconduct occurred.
If the reason on your ROE is inaccurate, apply for EI anyway and explain what actually happened.
For a detailed explanation of dismissal, resignation and other codes, see ROE Codes in Canada.
Should you wait for your ROE before applying?
No. Apply for EI as soon as you stop working, even if your employer has not yet issued your ROE.
Service Canada warns that waiting more than four weeks after your last day of work can cause you to lose benefits.
What should you tell Service Canada if your employer alleges misconduct?
Give Service Canada an accurate account of why you were fired and respond directly to the allegations against you.
Useful records can include:
- Your termination letter
- Warnings or disciplinary documents
- Performance reviews or PIPs
- Emails or messages showing what happened
- Documents supporting your explanation of the incident
Don’t assume Service Canada will simply accept your former employer’s version. It makes its own decision after considering the available information.
What If EI Is Denied After You’re Fired?
If Service Canada denies your EI claim because of alleged misconduct and you disagree, you can ask for the decision to be reconsidered.
You generally have 30 days from when the decision is communicated to you to request reconsideration. Provide any evidence that helps explain what happened and why your dismissal was not caused by misconduct.
If the reconsideration decision is still against you, there is a further appeal process.
Can You Get EI and Severance After Being Fired?
Yes. EI and severance are separate rights, and receiving EI does not eliminate the severance your employer legally owes you.
EI is a federal government benefit. Severance is compensation connected to the end of your employment.
As of September 2026, a temporary federal measure means qualifying separation earnings such as severance are not deducted from EI for claims or allocations that start between March 30, 2025 and October 10, 2026. The normal one-week EI waiting period is also temporarily waived for new claims starting within that period.
These temporary rules are scheduled to end after October 10, 2026 unless the federal government changes or extends them.
For the full current rules, see EI and Severance Pay in Canada.
Does getting EI reduce your severance entitlement?
No. Your employer can’t use EI as a substitute for the termination compensation it legally owes you.
If you were fired without valid cause, you can still be entitled to substantial severance. For many non-unionized employees, common-law severance can reach as much as 24 months’ compensation.
See our guide to severance pay in Canada.
EI After Being Fired: Frequently Asked Questions
Can you get EI if you’re fired without cause?
Yes, potentially. A without-cause dismissal does not normally disqualify you from EI. You still need to meet the other eligibility requirements for regular benefits.
Can you get EI if you fail probation?
Yes, being fired during probation does not automatically prevent you from receiving EI. The important question is why you were dismissed and whether Service Canada considers the loss of employment to involve misconduct.
Can you get EI if you’re fired for cause?
Possibly. Your employer’s cause allegation does not decide your EI claim. Service Canada independently determines whether the conduct amounts to misconduct under EI rules.
Can you get EI with ROE Code M?
Yes. Code M means dismissal or suspension. It does not by itself prove misconduct or make you ineligible for EI.
Should you apply for EI if you’re not sure you qualify?
Yes. Apply promptly and let Service Canada make the eligibility decision. Don’t disqualify yourself because of what your former employer told you.
Fired? Protect Your EI and Severance Rights
If you have been fired, handle EI and severance as two separate issues. Apply for EI promptly and have your termination package reviewed before signing a release.
Samfiru Tumarkin LLP helps non-unionized employees in Ontario, Alberta and British Columbia challenge improper cause allegations and determine the full severance compensation they are owed.
If your employer says you were fired for misconduct and aren’t entitled to EI or severance, don’t assume that assessment is correct.