(c) istock/MartinFredy
What is the penalty if a company fails or refuses to file a Record of Employment on time?
While cases involving government sanction for failing to properly file an ROE appear to be few, in the civil case of Ellis v Artsmarketing Services Inc., 2017 CanLII 51563 (ON SCSM), an Ontario Small Claims Court Deputy Judge awarded money damages for such inconvenience.
A frequent complaint heard in the practice of an Ontario employer lawyer is that the suddenly unemployed employee has not yet been provided with his or her Record of Employment, the "ROE." Many will ask, "isn't my employer required to give me my record of employment within five days so that I can apply for employment insurance (EI)?" The short answer is that employers are no longer legally required to provide employees with a paper copy of their ROE; a fact often leading to confusion and frustration.
