Employment Insurance and loss of employment due to misconduct

On this page

What is misconduct

For Employment Insurance (EI), misconduct occurs when an employee's actions or omissions are done knowingly, intentionally, or with little regard for their consequences. This means that the employee knew, or should have known, that their actions or omissions could interfere with their work duties and result in suspension or loss of employment. Misconduct includes situations that go against their employment conditions, such as:

The actions or omissions don't have to occur during work hours, at the workplace or while carrying out duties for the employer. Actions or omissions committed outside of the workplace could be considered misconduct when they result in the employee no longer meeting their employment conditions and losing their job.

If an employee tries their best to perform their duties, but loses their job, this is generally not considered misconduct. A lack of skills, aptitude, or ability on its own doesn't mean the employee acted knowingly or intentionally.

How misconduct affects eligibility for Employment Insurance benefits

You may receive EI regular benefits if you lose your job through no fault of your own.

If you're suspended or lost your job due to your own misconduct, you cannot receive regular benefits. However, you may still receive sickness, maternity or parental, or caregiving benefits if you qualify.

After you're suspended or lose your job due to your own misconduct, you must work the minimum number of insurable hours required to later receive regular benefits.

Loss of employment before end of term or layoff

If you're suspended or lose your job due to your own misconduct within 3 weeks of the end of your term or of your layoff (as notified by your employer), you can't receive regular benefits up to the date your employment was expected to end. After that date, you may receive regular benefits if you qualify.

However, you may still receive sickness, maternity and parental, or caregiving benefits within 3 weeks of your employment expected end date if you qualify.

How we determine if misconduct occurred

To determine if misconduct occurred, we must:

Obtain relevant information from various sources

When applying for EI benefits, you're asked to provide information regarding your suspension or loss of employment.

We'll also contact your employer to clarify:

We'll then contact you after receiving the information from your employer to clarify:

If you feel you lost your job without just cause

You can file a labour standards complaint with the relevant authorities in your province or territory. If you're working in a federally regulated workplace or industry, you can file a labour standards complaint with the Labour Program.

In some situations, we may contact other individuals who are familiar with the facts (such as a coworker or team leader) to obtain further information.

Review the facts and make a decision

Once all the relevant facts are obtained , we'll review them and make a decision based on all the information and evidence received. A decision to disqualify you from receiving benefits may be made if the evidence shows that you:

Our decision is based on the Employment Insurance Act and jurisprudence . If you disagree with our decision, you can request a reconsideration.

Contact us

For more information or if you have any questions, contact us.

Page details

2026-10-06