ESTIMATEEstimates as of 3 November 2026, for information only — not legal advice or a decision on your claim; Service Canada decides eligibility and the exact amount. 2026 figures from Canada.ca: 55% benefit rate, maximum insurable earnings $68,900, maximum $729 a week (extended parental 33%, $437). Regional rates for 11 October to 7 November 2026.
Fired: misconduct or not?
Being let go because the job wasn’t a good fit, for poor performance despite real effort, or in a restructuring does not disqualify you. Misconduct, in EI law, means conduct that was wilful or so reckless it approaches wilfulness — you knew or ought to have known it could get you fired: theft, serious insubordination, repeated unexcused absences, being impaired at work, breaking a clear policy after warnings. The employer’s word is not final: Service Canada asks both sides and decides on the evidence.
Quitting with just cause
The Employment Insurance Act (section 29) lists circumstances that can show you had no reasonable alternative to leaving, including:
- sexual or other harassment;
- having to accompany a spouse, common-law partner or dependent child who is moving;
- discrimination on a prohibited ground;
- working conditions that are a danger to health or safety;
- an obligation to care for a child or a member of your immediate family;
- a reasonable assurance of another job in the immediate future;
- significant changes in wages or salary, or in work duties;
- excessive overtime or refusal to pay for overtime;
- antagonism with a supervisor that you were not primarily responsible for;
- employer practices that are contrary to law;
- undue pressure from the employer to leave.
You generally need to show you tried reasonable alternatives first — raising the problem, asking for a transfer or leave, looking for another job before quitting. Leaving for a better-paying job that then falls through is a classic just-cause case if the job offer was real.
What changed in October 2026
Under the permanent rules, Service Canada looks at every separation in your qualifying period, and hours from a job you quit without just cause, or lost for misconduct, can’t be used — even if your last job was a layoff. Under EI Pilot Project No. 25, for claims starting from 11 October 2026 to 9 October 2027, only the most recent separation is assessed. If that one was not your fault, all your insurable hours and earnings in the qualifying period count toward eligibility, weeks of benefits and your benefit rate. The government estimates about 105,900 claims a year benefit.
Example. You quit a full-time job in March without just cause, start a new job in May and are laid off in November. Before the pilot, only the May–November hours (about 1,000) could count — 19 weeks in Toronto. For a November 2026 claim, all ~1,900 hours count, giving 38 weeks at a rate based on your best 21 weeks.
Disqualified? What happens next
- A disqualification blocks regular benefits, but you may still get sickness, maternity, parental or caregiving benefits if you qualify.
- Hours from a later job can let you qualify again; the disqualification doesn’t last forever.
- You can ask for a reconsideration within 30 days of the decision, and appeal to the Social Security Tribunal after that. Bring evidence: emails, doctor’s notes, the job offer you left for.
- Apply anyway and explain your situation honestly; Service Canada decides, not your employer, and the ROE code is only the employer’s version.
FAQ
Can I get EI if I quit my job?
Only if you had just cause — no reasonable alternative to leaving, such as harassment, unsafe conditions, having to move with a spouse, caring for a family member or a firm offer of another job.
Can I get EI if I was fired?
Yes, unless you were fired for misconduct (wilful or reckless conduct you knew could cost you your job). Being let go for performance, fit or restructuring does not disqualify you.
What changed for EI separations in October 2026?
For claims starting between 11 October 2026 and 9 October 2027, only the reason for your most recent job separation is assessed. If it was not your fault, all your hours in the qualifying period count.
Can I get EI sickness or maternity benefits if I quit?
Possibly. A disqualification for quitting without just cause applies to regular benefits; special benefits have their own conditions.
How do I appeal an EI decision?
Ask Service Canada for a reconsideration within 30 days of the decision; if you disagree with the result, you can appeal to the Social Security Tribunal.
Related EI articles
How EI is calculated55% × best weeks, step by stepEI maximum weekly benefit 2026$729 a week, $68,900 capHow many weeks of EI? (table)14–45 weeks by hours and regionEI waiting period & 2026 measuresWaiting week waived to Oct 2027EI maternity & parental benefits15 + 35 weeks at 55%, max $729Standard vs extended parental55% vs 33% (max $437)EI sickness benefitsUp to 26 weeks, 600 hoursEI family supplementUp to 80% if income ≤ $25,921Working while on EI50 cents per dollar, 90% capEI repayment (clawback) 2026$86,125 threshold, 30%Is EI taxable? Tax withheldT4E, withholding, refundsHow to apply for EI (ROE)ROE, 4-week deadline, reportsEI on a $40,000 salary$423/weekEI on a $55,000 salary$582/weekEI on a $70,000 salary$729/week (maximum)
Assumptions & sources
- Benefit rate and maximums: Canada.ca “EI regular benefits: How much you could receive” and the maternity/parental and sickness benefit-amount pages — 55% of average insurable weekly earnings; maximum yearly insurable earnings $68,900 from 1 January 2026 ($65,700 in 2025); maximum $729 a week ($695 in 2025); extended parental 33%, maximum $437.
- Best weeks (14 to 22) and the weeks you can be paid come from the regional unemployment rate: Employment Insurance Act, Schedule I, and Service Canada’s “EI Program Characteristics” for 11 October to 7 November 2026 (rates are updated every four weeks).
- 2026 temporary measures: Canada Gazette Part II, SOR/2026-203 (EI Pilot Project No. 25, in force 11 October 2026) — waiting week waived and separation money not deducted for claims starting up to 9 October 2027; up to 20 extra weeks for long-tenured workers for claims starting up to 12 June 2027; only the most recent separation assessed.
- Repayment (clawback): 30% of the lesser of regular benefits or net income above $86,125 (2026 = 1.25 × maximum insurable earnings). Premiums 2026: 1.63% of insurable earnings (Quebec 1.30%), maximum $1,123.07.
- Tax withheld is our estimate: the weekly benefit annualized through 2026 federal and Ontario tax brackets with basic personal amounts (and the Ontario Health Premium). Service Canada’s actual deduction and your final tax depend on your total income for the year. Take-home pay while working: 2026 Ontario, from our Canada salary after tax engine.