CanadaWill I lose my employment insurance if I was fired for misconduct?
Yes, you may lose your Employment Insurance (EI) benefits if you were fired for misconduct, because the Employment Insurance Act disqualifies claimants who lose their job due to their own misconduct.
What the Law Says
The Employment Insurance Act sets out when a person is disqualified from receiving EI benefits. A key reason is losing your job due to your own misconduct.
Under section 30 of the Employment Insurance Act, a person is disqualified from receiving EI benefits if they lost their employment because of their own misconduct.
Misconduct is not defined in the Act itself, but courts and EI adjudicators interpret it as behaviour that shows a willful or wanton disregard for the employer’s interests — such as theft, dishonesty, insubordination, or serious negligence.
The burden is on Employment and Social Development Canada (ESDC) to prove misconduct occurred. You don’t have to prove you didn’t commit misconduct — ESDC must show, on a balance of probabilities, that your actions meet the legal standard.
Statutory TextClaimant is disqualified from receiving benefits if they lost employment by reason of their own misconduct.
— Employment Insurance Act, s. 30 — Disqualification — misconduct
What to Do
Contact Service Canada right away to report your job loss and apply for EI — even if you think you may be disqualified.
Respond fully and honestly to any questions or requests for information from ESDC about your dismissal.
Gather evidence (e.g., employment contract, warning letters, witness statements, termination letter) that supports your version of events.
If your claim is denied due to alleged misconduct, you have 30 days to request a reconsideration — submit new facts or clarify misunderstandings.
If reconsideration is denied, you can appeal to the Social Security Tribunal (SST) General Division.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.