I was off work prior to covid. My roe states shortage of…

I see - Were you on sick leave prior to this ?

I see - So did you doctor's note in February indicate that you needed to be off work due to your health issues or because you needed to care for your daughter ?

Did your employer issue 2 ROE's to you or did you report another reason other than sickness on your Service Canada account ?

I see - So why does your employer say that the ROE on their file indicates you were off work due to sickness ?

Are you able to get a note from your doctor now which says you can return to work ?

To clarify - when you were off work in February, you were not experiencing health problems but you needed time off to look after your daughter but your doctor indicated in a note that you needed to be off work - is that correct ? Was your employer under the impression that you were experiencing health issues and could not work ?

Yes, the ROE that was filed with Service Canada should be the one that is part of your EI record. If you employer knew the reason why you were off work, since it was so long ago, he or she may be referencing the information that is on your file which is the doctor's note which implies you were off due to health reasons and not what you told him in February.

Regardless, I would suggest that you speak to your employer about exactly what information he needs from the doctor in order to reinstate your employment.

If the ROE you used to get EI benefits was issued by your employer and indicated that there was a shortage of work, you should not be liable because the ROE was not a false one or fraudulently produced.

Did you need to care for your child in February because she was ill ?

I am sorry to hear your employer feels this way.

You were eligible for CERB if your EI benefits ran out and you were unemployed due to COVID 19. If you had to stay at home to care for your child because school was closed and could not work, this would make you eligible.

Is your employer making these claims now because they feel you were not really sick and had to take time off ?

You might be right and they are using the medical note as a reason not to call you back to work now.

In that case, I would suggest that you tell your employer you are able to work full time and give them a doctor's note to state that you are healthy and can work. If they still refuse to call you back, then you should consult an employer lawyer to see if you have grounds for a wrongful dismissal claim because they are making excuses not to rehire you.