The second question I am often asked, is how to complete Block 16. Block 16 requires a code to dictate the reason for issuing a ROE when an employee is dismissed. This question is important because the repercussions of the choice of Code by the employer can impact an employee’s ability to collect EI benefits.

 For example, recently, an employer advised an employee that their employment was being terminated due to lay off, and the employee was provided with 30 days
of working notice. However, when asking the employee what the actual end date of employment was going to be (it was anticipated that the employee might leave a few days earlier), the employer asked the employee to identify his “resignation” date. This led to confusion whether the employee was terminated, with working notice to work to the end of the month, or whether the employee, if leaving earlier than the end of the month, was resigning. Based upon the facts, I advised that the
appropriate Code was Code A.

Code A, “Shortage of Work,” incudes lay off, end of a contract, the elimination of a position or company restructuring. However, Code M, “Dismissal,” covers terminations during the probationary period if the employee is not working out, or any other reason not covered by Code A, and is the code used when an
employee is terminated for cause.