EI After Being Fired or Laid Off in Canada
Employment Insurance (EI) regular benefits provide temporary income to people who lose their job through no fault of their own, such as a layoff or termination without cause, and who are ready and able to work. For 2026, benefits are 55% of average insurable weekly earnings, up to $729 a week. Most people need between 420 and 700 insurable hours in the past year, depending on the unemployment rate where they live. Service Canada advises applying as soon as work stops, because delaying more than four weeks after the last day of work can mean losing benefits.
This article is part of the guide to employment law in Canada.
The short version
- Apply right away, even before receiving a Record of Employment.
- Layoffs and terminations without cause usually qualify.
- Being fired for misconduct or quitting without just cause can disqualify a claim.
- 2026 benefits: 55% of average insurable weekly earnings, up to $729 a week, based on maximum insurable earnings of $68,900.
- Severance normally delays benefits, but temporary measures have changed this for many claimants.
- Claimants must complete reports every two weeks and keep looking for work.
Who Qualifies for EI Regular Benefits
According to the Government of Canada, claimants generally must:
- have been employed in insurable employment
- have lost their job through no fault of their own
- have been without work and without pay for at least 7 consecutive days in the last 52 weeks
- have worked the required number of insurable hours, usually 420 to 700 depending on the regional unemployment rate, in the last 52 weeks or since the start of their last claim
- be ready, willing and capable of working each day, and actively looking for work
Who usually does not qualify
- people who quit without just cause
- people dismissed for misconduct
- people unemployed because of a labour dispute, such as a strike or lockout
Fired for cause?
An employer's claim of cause does not automatically disqualify a claim. Service Canada makes its own decision about whether there was misconduct under EI law, which looks at whether the conduct was wilful or so reckless that the person knew or ought to have known it could lead to dismissal. Apply anyway, and give a clear, honest account. See fired for cause in Canada.
Quit your job?
Quitting usually disqualifies a claim unless the person had just cause and no reasonable alternative, for example harassment, unsafe working conditions, a significant change in pay or duties, or moving to accompany a spouse. Document the reasons carefully. A major unilateral change may also be a constructive dismissal. See constructive dismissal in Canada.
How Much EI Pays
| Item | 2026 figure |
|---|---|
| Benefit rate | 55% of average insurable weekly earnings |
| Maximum yearly insurable earnings | $68,900 |
| Maximum weekly benefit | $729 |
EI benefits are taxable income. The number of weeks payable depends on insurable hours and the regional unemployment rate.
Severance and EI
Normally, money paid because of a job loss, such as severance, pay in lieu of notice and vacation pay, is treated as "separation monies" and allocated to the weeks after the job ends. This can delay when EI payments start.
Temporary measures: In response to the economic impact of U.S. tariffs, the federal government introduced temporary measures in 2025. For claims established between March 30, 2025 and October 10, 2026, they:
- waived the one-week waiting period
- allowed claimants to receive EI without first using up separation monies
- added up to 20 extra weeks of regular benefits for some long-tenured workers, for claims starting on or after June 15, 2025
On August 25, 2026, the Department of Finance announced it would extend the waiting period waiver and the separation monies measure by one year, extend the extra weeks measure by eight months, and introduce a new one-year measure for some workers who recently left a job voluntarily. Check Service Canada for the current dates and eligibility before relying on these measures.
How to Apply
- Apply online as soon as you stop working. Do not wait for the Record of Employment.
- Have ready: social insurance number, banking information, mailing address, the names and addresses of employers in the last 52 weeks, dates of employment and the reason for separation.
- Request the Record of Employment. Most employers submit it electronically to Service Canada. If yours does not, ask them to.
- Complete EI reports every two weeks online or by phone. Missing reports can mean losing benefits.
- Keep a job search record, including employers contacted and dates.
Severance Negotiations and EI
How a severance package is structured can affect EI timing. Lump sums and salary continuance are both generally treated as separation monies, but the temporary measures described above may let benefits start sooner. An employment lawyer can explain how a proposed package interacts with EI. See should I sign a severance agreement?
If EI Is Refused
A claimant who disagrees with a decision can ask Service Canada for a reconsideration, generally within 30 days of receiving the decision. If still unhappy, they can appeal to the Social Security Tribunal. Provide documents, such as the termination letter, emails and witness information, to support the claim.
Frequently Asked Questions
Can I get EI if I received severance?
Yes, but normally benefits start after the severance period is allocated. Temporary measures introduced in 2025, and announced in August 2026 to be extended, allow many claimants to receive benefits without waiting for severance to be used up. Check current rules with Service Canada.
Can I get EI if I was fired?
If you were let go without cause, generally yes. If you were fired for misconduct, generally no, but Service Canada decides independently of the employer.
How long do EI benefits last?
Regular benefits can generally last from 14 to 45 weeks, depending on insurable hours and the regional unemployment rate, plus any temporary extra weeks.
Do I have to accept any job while on EI?
Claimants must look for and accept suitable employment. What is suitable depends on factors such as the type of work, pay and how long the person has been on EI.
Recently laid off? Search LawyerDirectoryCanada.ca for employment lawyers by province and city, and see severance pay in Canada.
Sources
- EI regular benefits, Government of Canada
- EI regular benefits: eligibility, Government of Canada
- EI regular benefits: how much you could receive, Government of Canada
- Government of Canada extending Employment Insurance temporary measures, Employment and Social Development Canada
- Support for Canadian workers and businesses affected by U.S. tariffs, Department of Finance Canada
- Digest of Benefit Entitlement Principles, Chapter 5, Employment and Social Development Canada
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