Employment lawyers restricted to wrongful dismissal litigation
          Employment lawyers restricted to wrongful dismissal litigation






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Labour and Employment Lawyers in Toronto
Labour & Employment Lawyers

Tel: (416) 590-1900
Fax: (416) 590-1600


20th Floor, Madison Centre
4950 Yonge Street
Suite 2000
Toronto, Canada
M2N 6K1

"Work  is one of the most fundamental aspects in a person's life, providing the individual with a means of financial support and, as importantly, a contributory role in society.  A person's employment is an essential component of his or her sense of identity, self-worth and emotional well-being."

-- Chief Justice Dickson, in Reference re: Public Service Employee Relations Act (Alberta), [1987] 1 S.C.R. 313 (Supreme Court of Canada),
at page 368.



Du Markowitz attorneys help clients understand:

Record of Employment: deciphering the ROE form.

When it’s dark enough, you can see the stars.  One star shining for the wrongfully-dismissed employee comes in the form of federal Employment Insurance (EI) benefits available to all workers whose employment benefits have been interrupted through lay-offs both temporary and permanent.  

Of course, amount and duration of EI benefits payable depends on particular circumstances of your length of service and salary level received.  Accordingly, your employer must spell out these terms for both you and EI administrators on a standard-form “Record of Employment (ROE)” - a copy to which you’re entitled within 5-days of termination or end of any employer notice period provided.

For unknown policy reasons, neither your employer nor our federal government really want you to know particular reason(s) claimed by the company for your dismissal. But given that we work for neither your employer nor the federal government’s EI department, here’s the code-breaker for interruption of earnings reason(s) specified by your employer on the ROE:  

                        A - work shortage

                        B - strike/lockout

                        C - return to school

                        D - Illness/injury

                        E - quit

                        F - pregnancy or adoption

                        G - retirement

                        H - work-sharing

                        J - apprentice training

                        M - dismissal

                        N - leave of absence

                        K - other

Accordingly, the streetwise employment lawyer always seeks out inconsistencies between employer’s ROE code letter and reasons outlined in the employee’s letter of termination.  For example, an ROE that doesn’t indicate employee dismissal as a result of his/her own misconduct as alleged in the termination letter will seriously damage your employer’s credibility at trial.  

Meanwhile, employers vindictive enough to falsify or otherwise not provide you with timely ROE will bring upon themselves adverse punitive damage awards at trial, along with serious Employment Insurance Act fines and potential imprisonment from which defending your wrongful dismissal lawsuit may very well become least of their worries at hand.


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