When employment ends in Canada, the final payment and the paperwork both matter.
What the final payment must include
- All regular wages earned through the last day of work
- Any outstanding overtime
- Accrued but unused vacation pay
- Termination pay, if paying in lieu of notice
- Ontario severance pay, if applicable
The ROE
Your employer must submit a Record of Employment to Service Canada within five calendar days of the end of the pay period in which earnings were interrupted.
Without it, you cannot claim Employment Insurance. Late or inaccurate ROEs delay claims and can result in penalties for the employer.
Check the code
The separation code on the ROE affects your EI eligibility. A is shortage of work or layoff, E is quit, M is dismissal, N is return to school.
If you were laid off but the ROE says quit, that will cause problems. Ask to see it.
Apply for EI promptly
Apply at canada.ca within four weeks of your last day. Delay can affect your benefit period.
Do not assume the statutory minimum is all you are owed
The employment standards table is the floor. Depending on your situation, more may be available through:
- Your contract
- Common-law reasonable notice, where the contract does not properly limit it
- Quebec civil-law notice
- A collective agreement
Deadlines for complaints
These differ by route, and they are short. In British Columbia, for example, ESA complaints must be filed within 12 months, while civil wrongful dismissal claims are generally subject to a two-year limitation period.
Check the limits that apply in your province before assuming you have time.
Get the termination letter
Employers should provide a written termination letter specifying the effective date and whether cause is alleged. That document matters in any subsequent claim.
Before signing a release
Severance offers often come with a release of claims. Signing it typically ends your ability to pursue common-law notice — which may be worth considerably more than what is offered.