Are Businesses Required To Show Laid-Off Employees Their ROEs If Asked? Businesses Should Err On The Safe Side
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During a weekly webinar that I take part in, the question of whether or not a business is required to provide a laid-off employee with their ROE came up. Being an employment lawyer, all "webinar eyes" turned to me. After joking that a retainer needed to be set up first before answering that question, I then asked the following question to this individual: if you were a laid off employee who was denied his/her ROE from his/her employer, how would you feel?
The truth of the matter is this: When an employer business does not provide its laid off employee with an ROE ("Record of Employment Form"), the employer business might be breaking the law. Which is why when an employer is asked to provide an ROE to a laid-off employer, it is better to err on the safe side and provide it.
Important components of an employee ROE include the following:
According to the law, an employer business usually has to provide an ROE of an employee who experiences an interruption of earnings to the CRA (Canada Revenue Agency). This is particularly true when a paper copy is filed with the CRA. Nowadays, there is a greater trend for employer businesses to file employee ROEs online. If this is the case, employer businesses are not required to provide a physical copy to the employee. However, good legal practice would have the employer inform the employee of the online filing. The employee would then, have the opportunity to view his/her ROE online as well.
So given this information, what if an employer business lays-off a part-time employee, where constant interruptions of earnings are commonplace? Does the employer still have to provide an ROE to the employee, or the CRA? Although an employer is not obliged to file an ROE after every seven-day period of work, if an employee asks for it, the employer should provide it. This would be the most lawful move.
Since ROEs are important in the employment world, there are many facets to it. In light of what an ROE might consist of, the following seems to be clear: When an employer is asked by an employee for his/her ROE, particularly a laid-off or terminated employee, err on the safe side - the employer should provide the ROE to the employee!
If you are curious about employment law, and wish to consult a legal expert in employment law and HR law, Aaron Miller can always be reached at 416-659-6665, or aaron@aaronmilleryourlawyer.com. Aaron Miller is a Toronto-based lawyer, who is the proud owner of Aaron Miller, Barrister & Solicitor, and Legal Counsel to Executive Furniture Rentals. Check out Aaron Miller, Barrister & Solicitor at www.aaronmilleryourlawyer.com.
During a weekly webinar that I take part in, the question of whether or not a business is required to provide a laid-off employee with their ROE came up. Being an employment lawyer, all "webinar eyes" turned to me. After joking that a retainer needed to be set up first before answering that question, I then asked the following question to this individual: if you were a laid off employee who was denied his/her ROE from his/her employer, how would you feel?
The truth of the matter is this: When an employer business does not provide its laid off employee with an ROE ("Record of Employment Form"), the employer business might be breaking the law. Which is why when an employer is asked to provide an ROE to a laid-off employer, it is better to err on the safe side and provide it.
Important components of an employee ROE include the following:
- Employers need to complete an ROE for an employee who experiences an interruption of earnings. In short, an interruption of earnings occurs when an employee has had or is anticipated to have a period of seven (7) consecutive calendar days of no work and no insurable earnings. An interruption of earnings also occurs when an employee's salary falls below 60% of his/her weekly earnings. This could be due to a number of things, including quarantining during the COVID crisis.
- An ROE is often considered the most important form for EI ("Employment Insurance"). In fact, on a yearly basis, over 1 million Canadian employers fill out the ROEs for over 9 million Canadian employees.
- An ROE will consist of the employee's work history with the organization, including documenting insurable earnings and insurable hours.
- ROEs need to be filled out by the employer business, even if the employee who experiences an interruption of earnings will not be applying for EI.
According to the law, an employer business usually has to provide an ROE of an employee who experiences an interruption of earnings to the CRA (Canada Revenue Agency). This is particularly true when a paper copy is filed with the CRA. Nowadays, there is a greater trend for employer businesses to file employee ROEs online. If this is the case, employer businesses are not required to provide a physical copy to the employee. However, good legal practice would have the employer inform the employee of the online filing. The employee would then, have the opportunity to view his/her ROE online as well.
So given this information, what if an employer business lays-off a part-time employee, where constant interruptions of earnings are commonplace? Does the employer still have to provide an ROE to the employee, or the CRA? Although an employer is not obliged to file an ROE after every seven-day period of work, if an employee asks for it, the employer should provide it. This would be the most lawful move.
Since ROEs are important in the employment world, there are many facets to it. In light of what an ROE might consist of, the following seems to be clear: When an employer is asked by an employee for his/her ROE, particularly a laid-off or terminated employee, err on the safe side - the employer should provide the ROE to the employee!
If you are curious about employment law, and wish to consult a legal expert in employment law and HR law, Aaron Miller can always be reached at 416-659-6665, or aaron@aaronmilleryourlawyer.com. Aaron Miller is a Toronto-based lawyer, who is the proud owner of Aaron Miller, Barrister & Solicitor, and Legal Counsel to Executive Furniture Rentals. Check out Aaron Miller, Barrister & Solicitor at www.aaronmilleryourlawyer.com.
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