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Live In Caregivers Can Now Sue Recruiters Promising “Ghost Employers”
Q: I have been in Canada for over one year. I arrived from Israel to work as a caregiver. The agency that helped me promised that I would have a job when I came to Canada and that an employer needs me. After I obtained my visa, I was informed that my employer did not need me anymore but that my agency would help me find a job with someone else. I already paid them a lot of money and the visa was already issued so I had no choice but to come to Canada. Over a year has passed and my agency still has not found me a new employer. I am losing time and my savings are running out. Can I sue the agency for my money back?
A: Yes, you are a so called “release upon arrival” victim. Recently, the media has come down hard on recruiters who promise people jobs that do not materialize. As well, Ontario is a law soon to ban all recruitment fees to applicants. Moreover, in a recent Ontario Court of Justice, Small Claims matter, a nanny was awarded $10,000 against an agency who promised her a job but did not materialize upon her arrival. Full story can be found at www.thestar.com. It seems that the good times are gone for this recruitment companies who have made so much money in the last decade or so and have taken advantage of so many. It is hard to know how long this “ghost employer” phenomenon has been going on but there is no doubt that it has been a common trend for the last five years. I remember stories of nannies (sometimes 6 or 7 at a time) living in the basement of one recruiter who charged them rent for the time period they waited to find employers. Shameful. In other words, the nanny would pay thousands of dollars to come to Canada, then upon arrival were informed there was no job and then be forced to pay rent until perhaps one day their recruiter found them a new employer. It is sad but very common. It is unfortunate that it took so many years and heartache to people to listen. It is fortunate that many caregivers now have the courage to speak up and take action. I remember years ago, I met thirty caregivers at once who were all forced to work at a bakery but refused to sue the lone recruiter. No one wanted to step forward for fear that they would be deported. It is hoped that the recent court decision will empower nannies to now sue recruiters in clear case of “ghost employment.” Anyone seeking assistance should consult our office.
Unfortunately for you though, a monetary award will not help you with your immigration status. That is, you may have a compassionate reason for not being able to find employment but if you have over one year of unemployment, mathematically you will not be able to fulfill the criteria under the live in caregiver program. Under the live in caregiver program you must work for 24 months within the first 36 months of arrival. That is impossible for you to do and therefore you should seek professional help on trying to find another type of application to become an immigrant.
Atty. Henry Moyal is a certified and licensed immigration lawyer in Toronto. Send your inquiries on live in caregiver questions to his office phone 416-733-3193 or visit his website www.moyal.com