Add Comment Question: Can you collect EI benefits after a constructive dismissal? Answer: An employee can always apply for employment insurance benefits, and if they are denied that decision can be appealed. It is fairly rare for employment insurance benefits to be denied. The bigger question, however, is how much severance, if any, may be owed in this circumstance. If you are an employee who believes that you may have been constructively dismissed, or you are an employer who may be concerned that an employee of yours has a claim for constructive dismissal, I would strongly recommend that you call us at the number below for a free consultation. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.