HELP PLEASE - can I change my agency without paying this ?

[hohojinho]

hi all,

I am a Live in Caregiver, and I may need to find a new employer because I work less than my Contract. (I've posted about this before.)

My concern is that I'd like to find a new employer from my agency, but they don't answer the phone, response to my emails. They just sent the automatic email response, saying they will be resuming operations on September 9th 2010 at 9:30 AM which is in the past. still doesn't seem they work now.

I called other agencies. and they offer finding a new employer for free. But the thing is that I signed an agreement with the agency, saying if I decide to leave the employer before my contract expires, I have to pay for 5,500$ to them. I can't ask them because they don't answer the phone or anything.

What should I do ? do they really can charge me for this ?

so what I was thinking was ,,, to tell my employer about my feeling and ask them to let the agency that they fired me(hope they help me with this) ?? then would that be easier ?

I will have no where to go, not much money if I quit now. And my employers are so nice and sweet but I can't work only 30 hours per week whenever my employer wants me to work like that.

please share your opinions . I'd really appreciate it.

 

[rjessome]

Pay $5500 for what??? No, they can't charge you this. If they try, tell them you will call the RCMP, CIC and the media to report yet another LIC agency charging fraudulant fees to foreign workers!

 

[Leon]

What is your province? You should look for the labour board. They can tell you if your agreement with the agency to pay them $5500 if you quit is legal or not. I think it's very likely that it is not legal. If that is the case, all they can do is send you a bill and you can ignore it.

 

[hohojinho]

Thanks guys !
My agency still doesn't response to my questions. And I'm about to find a new employer with another agency.

So Leon ! if !! IF my agency suddenly appears and then sends me the bill about 5,500$. And I ignore it , what can happen to me ? Can they make me in debt ? I'm really newcomer in Canada.. I'm not sure how it can go..

Thanks,

 

[Leon]

First you have to talk to the labour board about this agreement.

If they tell you it is legal, then you must stay with the employer or otherwise be prepared to pay the money to the agency. Otherwise they can definitely put you in debt, they can get a judgement against you, many fees will be added if you do not pay.

However, if the labour board tells you that the agreement is illegal, then you tell your agency that they said that and if they try to send you a bill you ignore it. I know about an employer who tried to do the same thing, he wanted his foreign workers to pay him $2000 if they left, they found out it was illegal and they refused to pay. The lawyer of the employer told him that the contract is illegal and there is nothing he can do to them. He could send a bill and hope that they pay but he can not make them pay.

Therefore, find the labour board in your province and ask them.

 

[hohojinho]

I see.. thanks Leon !

The worse thing is that the agency doesn't work !! no response to anything, no phone calls, no emails. I just kept getting the automatic email responses saying they will be resuming operations on September 9th 2010 at 9:30 AM.
Which is in the past.

I'm so lost..

 

[hohojinho]

I've called the labour board in Ontario(which the agency is in.). She said it's illegal. but she told me to call the Labour board where I am. they didn't work when I called them. But I'll make it sure tomorrow again. thanks !