Losing your job is frightening, but in many situations you can still apply for EI, keep some income coming in, and plan your next steps. The key is why you were let go, how many insurable hours you have, and whether you also need to look at disability benefits through your employer or a private policy.

If your health was already affecting your work before you were fired, it may be just as important to review any long term disability coverage in your group benefits as it is to start your EI claim.

A firm like Share Lawyers can help you understand how job loss, EI, and disability benefits all fit together.

Understanding Employment Insurance (EI)

Employment insurance EI provides temporary income when you collect unemployment after losing your job through no fault of your own and you are ready, willing, and able to work. It is a federal program and is separate from any short or long term disability coverage that may be part of your workplace benefits.

Many people dealing with illness or injury move through several steps: sick leave, EI sickness, and then a group or private disability claim if they remain unable to work. Your long term disability benefits are meant to protect you after those short-term supports end, even if your job has been terminated.

Eligibility Criteria for EI Benefits

To qualify for EI benefits, you must meet several eligibility criteria:

• You had insurable employment and EI premiums were deducted from your pay.

• You have had an interruption of earnings of at least seven consecutive days.

• You have the required number of insurable hours in the last 52 weeks or since your last claim.

• You are capable of and available for work, and actively looking for a job.

• You did not lose your job because of wilful just cause misconduct.

At the same time, you may also be covered by a group disability plan that can keep paying you if a medical condition makes it impossible to work in the longer term. Understanding your disability coverage before or shortly after you apply for EI can help protect your income and avoid gaps later on.

Quick EI Eligibility Checklist

Before you apply for EI, run through this simple checklist:

• You did not commit serious misconduct such as theft, fraud, or violence.

• Your Record of Employment code does not fairly describe your situation as “misconduct,” or you can explain why it is wrong.

• You have enough recent insurable hours for your region.

• You are actively looking for work and can prove it.

• You have been without work and pay for at least seven straight days.

If illness or injury was part of why you stopped working, talk to your doctor and consider whether you should also be making a disability claim under your employer or private policy.

Can You Collect EI If You Get Fired Without Cause?

Yes. If you are terminated without cause, you can usually collect EI if you meet the hour and availability rules. Being dismissed because of restructuring, business closure, or a sale of the business is normally not considered misconduct under EI law.

At the same time, your termination may trigger severance or termination pay, which can overlap with disability benefits if you are or should be on claim. It’s important to have the information you need so you can protect your rights to long term disability when your job ends, especially if your claim is initially denied.

Sylvie’s Story: Fired After the Practice Was Sold

Sylvie, 47, is a dental hygienist in Bedford, NS. When the dentist she worked for retired and sold the practice, the new owner brought in his own team, and Sylvie lost her job without warning. She wondered: can you apply for EI if you get fired in a situation like this? And what would happen to any benefits she had through work?

Because Sylvie was let go without cause, she would usually be able to collect EI if she had enough insurable hours and was actively seeking work. After speaking with an employment lawyer, she had a better understanding of her next steps, and was able to protect both streams of income.

Can You Claim EI If You Get Fired for Just Cause?

If your employer says you were fired for just cause, they are usually alleging serious misconduct such as repeated dishonesty, chronic lateness after warnings, or violence. Service Canada will look at whether your behaviour was wilful and whether you knew it could lead to dismissal; if so, you may not be able to collect EI.

But your employer’s verdict is not the final word. When you file your EI claim, you can explain your side of the story and provide any documents that show you did not intend to disobey rules or harm the business. If health issues contributed to performance problems, or if you should have been on disability leave instead of struggling at work, it will be important to gather evidence and explore a long term disability claim and your severance rights with a lawyer.

Can You Collect EI If You Quit?

If you resign, you usually cannot collect unemployment unless you had “just cause” to leave. Just cause here means you had no reasonable alternative but to quit, such as severe harassment, dangerous conditions, or major, unexpected cuts to hours or pay.

Quitting can also be risky if you may need disability benefits. Many group policies require you to be an active employee when you become disabled, so resigning too early can make it harder to access long term disability payments. If your health is failing and you’re thinking about leaving, review your benefits and speak with your doctor and a disability-focused law firm first.

Have you been fired by your employer or forced to quit your job? Have you experienced wrongful dismissal? No severance pay or too little severance pay offered? Do you have a termination pay package to review? Questions about employment contracts?Contact our employment lawyers today. There are no fees unless you win your case.