In Canada, employers must issue your Record of Employment (ROE) within 5 calendar days of your last pay period. If your New Brunswick employer refuses, do not wait. Apply for Employment Insurance (EI) immediately and ask Service Canada to formally intervene and force the employer to produce the document.
Losing your job is incredibly stressful, but an employer withholding your crucial paperwork makes the situation much worse. In New Brunswick, whether you were laid off from a factory in Edmundston, fired from a call centre in Moncton, or quit a retail job in Saint John, you absolutely need an ROE to prove your work history. This document details how many insurable hours you worked and how much money you made. 😞
The ROE is the single most important document required for the federal Employment Insurance (EI) programme. Some spiteful or highly disorganized employers try to withhold this document out of anger or administrative laziness. This is a direct violation of federal law. If you are experiencing workplace harassment, unpaid severance, or a wrongful dismissal alongside a withheld ROE, reaching out to an employment law firm is highly recommended. 🔍
Step-by-Step Process in New Brunswick
You should never beg an uncooperative employer for weeks on end. There is a specific federal procedure designed to bypass bad employers and get your EI claim processing.
Step 1: Check Your My Service Canada Account (MSCA)
Before assuming the worst, check online. Most modern businesses submit ROEs electronically directly to the government. If they do, you will not receive a paper copy. Log into your MSCA online portal to see if the document has already been uploaded to your file. 💻
Step 2: Request the Document in Writing
If it is not online, send a polite but firm email or text message to your former manager or HR department requesting your ROE. Keep a screenshot or copy of this message. You will need this proof to show the government that you attempted to resolve the issue yourself.
Step 3: Apply for EI Immediately
This is the most critical step. Do not delay your EI application just because you do not have your ROE. If you wait more than 4 weeks after your last day of work to apply, you could lose your EI benefits entirely. 🕑 Submit your application online and indicate that you are having trouble getting your record.
Step 4: Submit a Request for ROE (Form INS3166)
If the 5-day legal deadline has passed, contact Service Canada immediately. You will need to fill out the “Request for Record of Employment” form. A government agent will then personally contact your former New Brunswick employer, demand the document, and inform them of the federal fines for non-compliance.
How Much Does it Cost in New Brunswick?
There is absolutely no cost to the employee to obtain an ROE or to enlist the help of the federal government to chase down a bad employer.
| Service / Consequence | Estimated Cost (CAD) |
|---|---|
| Requesting ROE via Service Canada | $0 (Free) |
| Applying for EI Benefits | $0 (Free) |
| Lawyer Letter of Demand (Optional) | $150 – $350 |
| Federal Fine for the Employer | Up to $2,000 per missing ROE |
While the process is free, the cost of not acting quickly is massive. Missing your EI application window can cost you thousands of dollars in lost unemployment benefits. 💰
How Long Does the Process Take?
Legally, a paper ROE must be issued within 5 calendar days of your first interruption of earnings. Electronic ROEs must be submitted shortly after the end of the final pay period. If you have to involve Service Canada, it generally takes an agent 1 to 4 weeks to force the employer’s hand or calculate your EI benefits using your old pay stubs instead.
Frequently Asked Questions (FAQ)
Can an employer withhold my ROE if I owe them money?
Absolutely not. An employer cannot legally withhold your Record of Employment for any reason whatsoever, even if you owe them money, broke company property, or quit without giving two weeks’ notice.
What if my employer went bankrupt and closed down?
If the business in New Brunswick locked its doors and the owner disappeared, contact Service Canada immediately. They can calculate your EI claim using your T4 tax slips and old pay stubs instead of waiting for an ROE.
Can I get an ROE if I am still technically employed?
Yes. If you experience an “interruption of earnings” (meaning you go 7 consecutive days without work or pay), you are entitled to an ROE. This commonly happens during medical leave or maternity leave, even if you plan to return.
What if the employer lies on the ROE?
If the employer puts “Quit” when you were actually laid off, your EI claim will be denied. You must appeal this decision with Service Canada, providing emails or termination letters proving you were let go involuntarily.
Should I hire a lawyer just to get my ROE?
Usually, a lawyer is not necessary just for the ROE, as Service Canada handles this efficiently for free. However, if you were fired illegally or denied proper severance pay, a law firm should definitely be consulted.
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