babyblue

I have been here working for nearly two years as a live in caregiver for three children. One of which is severly disabled with complex medical and social needs. I am close to minimum wage and i work 52.5 hours a week. The family seem to think this is fair but i have tried to talk to them several time. All i get is bullied into a corner and they try to convince me this is fair.
Back in february i wrote them a letter and told them that i wanted to be paid overtime. Which i had not received for 18 months. Nieve of me i know but i somehow thought under these government schemes they were allowed to do this. I spoke to employment standards agency and they confirmed i should get overtime.
they finally agreed to a $40 week increase(nowhere near what i should be getting).
I am a hard worker and excellent at my job. I have asked for coverage letters for the care of the disabled child. I have to administer medication, physiotherapy and meet all daily needs. Including rescusitation which i have had to use. the little boy has a poor prognosis and this is a worry to me.
I am at my whits end as last week was the last straw.
When i received my wages it was $40 short. When i discussed this with my boss she said " you don't get overtime pay for the week of a bank holiday". I was stuned! $40 dollers for gods sake!
i work the same hours everyday,everyweek. No choice as there is nobody else to care for the children. these are fixed hours.
I am sick to the back teeth of these people bullying me and thinking they can treat people like this. It has nothing to do with the children or the care they still receive.
I wondered if anyone could help me with this?
i thought a fixed wage was only on 44 hours and anything else should be paid as overtime?
I have to take holiday when the family does as i was informed they have no vacation days left. I wanted some time with my daughter in september.
I thought these people were my friends at first and i have tried to me nice about things but i feel they are using me for everything they can get. They know i am good at my job but why do people do this to nice people?
i have many friends that are nannies and they are on far more for taking care of non-disabled children.
i am so close to my PR application i dont want to cause any trouble so i grin and bare it. They tell me i do a great job with their children yet they treat me this way! i told them they would never get anyone else to do this job for this pay and they seem to think they would. No way ever!
why do foriegn workers have to deal with this type of sittuation?
any advice please?
I always have people taking advantage of my good nature and it has really got to me this time. everyone i know says it is disgusting but what can i do about it?

Grah

Baby blue with child being disabled there must be some self help groups and from them a link to caregivers. It would appear you are being unfairly treated and you should get you contract verified with a lawyer. sorry not much help.

Grah

found this site http://www.caregiver.ca/
The Lawyer Referral Service
Helps you find a lawyer in a convenient location; you will not be charged for the initial one-half hour consultation when you are referred through the service.They can offer help in a dozen languages; some lawyers will make home/institution visits if necessary.
Call 416.947.3330
Area Codes 416 (outside metro), 519, 613, 705: 1.800 268.8326
Area Code 807: 1.800 668.8526
TDD: 416.603.0663

Also there is a link to a service for picking you as a home caregiver

Choosing a quality home health care provider can be confusing and time consuming.
Bayshore Home Health is pleased to provide you with an overview of questions and checklist that will assist you in this important decision.

What kinds of services do you provide?
What type of training have your staff received?
How do you ensure the quality of your service?
How do you evaluate your skills and abilities?
How long have you done this sort of work?


Do you provide a personalized care plan, highlighting the specific duties my caregiver will perform?
Will you consult regularly with my doctor or family members regarding my care plan, if I wish?
Will my caregiver be supervised by a nurse?
Do you provide a complete list of the services you provide as well as their prices?
Will you assist me in investigating funding options for my care?
Will you help me submit my claims to my insurance company?
Do you have a Quality Assurance method or program?
Do you provide all financial arrangements in writing, with a copy for me?
Do you provide services and answer calls 24 hours a day, 7 days a week?
Do you ensure that your staff are bonded, insured and professionally licensed or certified?
Do you pay CPP, EI and Workers’ Compensation for the staff that come to my home?
Will you ensure my caregiver matches my needs, and provide a replacement if they do not?

Perhaps you can get a job via them?

For more information, please contact our Toronto office at:
416.927.7850 / www.bayshore.ca

Crispie

This has gone on so long and I admire you for sticking at it.
How close is PR ?
My first reaction is to say try and get another job but in your case I think you are doing an approved placement on a work permit.
You're in a delicate situation but you must be able to find out if they are complying with employment law. If they are then you must ask yourself the question.
What is the bigger need, PR or to get out of this hell hole?

Positive vibes coming your way BB

babyblue

thank you so much guys!
it helps to know others do care. You are right i am storng to tolerate this for so long. If i was to change employers now it would be a nighmare paperwork. I just prey that i get my open work permit soon.
Once they receive my application i will then get a release for an open work permit and i would sooner work in wallmart for now until a better position comes my way. I know i have excellent skills and coping stratagies. This will lead me the way i hope. These people will only realise what i did for them when i go.
They have a cleaner every two weeks and before she arrives i clean solidly for an hour and a half. not my job but i do it to help out as it is such a big house. I do all the laundry. i organise trips with the children and i even have fun parties for the kids. Mothers day and fathers day we created a scrapbook for each of them. This was alot of time and effort. But i did it for the kids.
i love them and i know they love me too.
It will be sad to leave them behind especially the special needs little boy. he is an angel. but they are not mine and i have to be strong about that.

thanks and any more advice would be appreciated.

sysclp

A place my husband used to work for was notorious for not paying overtime when they should have. Several former employees filed complaints with the Labour Relations Board of Ontario and got judgements paid to them for the unpaid overtime. Their website is here:
http://www.olrb.gov.on.ca/english/homepage.htm

You should go there and see if you can get some help from them.

iaink

Contact both the Ministry of Labour and the Human Rights commision for confirmation of your rights and later on to apply pressure on you shitty employer to at least comply with the minimum legal standards you are due.

For more information, employees and employers may call the Ontario Ministry of Labour’s Employment Standards General Inquiry Line at (416) 326-7160 or 1-800-531-5551.

What they are doing is complete bullshit in my opinion, and its only the having to hang in there for two years that would prevent me suing them. Are they pulling the "Oh, you're self employed, so we dont have to make EI, CPP and tax payments" argument too? They can get in a lot of hot water for that one.

Employment standards act ( I would try and learn a few bits of it) says you get time and a half for anything in excess of 44 hours a week, and that if you work either side of the bank holiday then it counts as a regular paid day (so no lost overtime!). Just makes sure the act applies to live in care givers (couldnt see an exception in a quick skim, but Im no expert). The Min of Labour might be a usefull ally, just document as much of this crap as possible, and wait till you are at the two years before you drop the bombshell.

God, I admire your perseverance, I know its been a really tough ride, and I really hope its all worth it in the end!

Crispie

Good for you Iaink. More great info. I knew you would stick it through the 4000 barrier!

Babyblue...Just use us as the old punch bag if you need...good luck you fighter

Smokey

Just wanted to add a little hug!

I worked for the Employment Service for 5 years and its interesting that exactly the same problems came up in the UK too. When someone had a problem there, obviously I referred them to the appropriate help and feedback mostly was to keep documentation. Do it today. It sounds pathetic to do a 'he said, she said' log but believe me it will really help if this goes any further - you will probably need dates and times etc. Start writing down what's heppened in the past and daily from now on. I didn't do this when I worked for the ES and had a problem and really wished I had.

Please keep us updated

hot wasabi peas

Also babyblue, you might find it helpful to contact organizations that try to help other people in similar situations. I copied this info from a 3 year old text - hopefully it's up to date (and helpful!).

Canadian Coalition for In-Home Care
12 Irwin Avenue
Toronto, ON
M4Y 1K9
contact name - Marna Martin
Phone - (905) 849-6520
Email - [email protected]

INTERCEDE / Toronto Organization for Domestic Worker's Rights
234 Eglinton Avenue East
Toronto, ON
M6G 1A5
Phone - (416) 483-4554

Though this is a BC organization perhaps you could email them for contact info of similar organizations in Ontario: http://www.vcn.bc.ca/wcdwa/index.htm

Good luck and don't despair. The situation you are in is surprisingly common in Canada and I'm sure there are people that can help you get it sorted out. If you need more help don't be shy.

babyblue

THANK YOU SO MUCH GUYS!
It is so hard to get out of bed each day. i have never put up with this back in the UK!
I even try justifying their actions. I told them that i understand why they chose a foreign worker,because it is cheaper for the family. They know i am not stupid yet they act as if i am.
everyone around knows how good i am at my job and how devoted i am to encouraging the children to use their skills. The little guy with special needs is a darling and he has developed lots of new skills since i have been there.
I am not knocking them for working, as i understand todays society. If you have children, you cherish them and want the best avaliable care whilst you are not there. our children are precious and the care should never be compromised.
They already had a nanny that lasted a few months then bolted. She left a note a ran. I am not asking for a miracle, simply to me paid for the job i do!
As parents we know how worrying it is when we hear so many bad stories. so why would you do this if you know you have a good thing?

When i first met the family and they listened to my story. She cried as it was so similar to theirs. I lost my special needs little girl three years ago and i really felt for this family as i know in my heart what they are going to face in the future. This is what gets to me more than anything. This little guy is totally dependant for all his needs. I see him for the little boy he is and a special gift. Not many people can cope with that at all.
I should never do half the things i do but i try to think of the families busy schedule. I show them great respect and devotion to my job going far beyond the call of duty.
you would think i would be irriplaceable to them. But i guess i am one of many fools that get sucked in!I know that very few people could cope with the worry of the little guys needs.
any advice is gratfully received!

babyblue

Hi guys!

Just wanted to update you all on the sittuation. I was informed by ESA that by law i am not supposed to be working more than 48 hours a week! I was stunned! this is another thing i am up against. Apparently if the hours are to exceed 48 then the employer must submit a request to the director of employment standards.ESA also informed me that i should be fairly treated and i am fully entitled to time and a half after 44 hours.
I am becoming more concerned by the day. My employment was supposed to have gone through HRDC for approval. Something is wrong here! Somebody must have told stories to get this approved!
Apparently they will be in alot of trouble for doing this.
I am a very caring women and i don't like to cause trouble but there is only so much you can take. It eats away at me that i am taking care of their most precious gift(their children). Yet they quible about $40. It does not make sense to me.
I know i am not alone with this and that many more workers are exploited this way. It is so wrong!
why are we exploited like this?
Everybody tells me what great people they are. I don't disagree with this as they are nice people but they are not good employers at all. That is where it becomes difficult! Trying to talk to them is impossible.
I am sick of asking them for paperwork! I have been asking for a while for a coverage letter for the medical provissions i provide! nothing yet. Freinds all tell me not to go to work until they do something. This is so hard to do.
anyway i just wanted you all to know what is happening now.
any advice welcome!

iaink

Hang in there until you are elligiable for the PR application. People who point out their legal rights have a nasty habit of being "let go" in this country, and employment law is not particualarly strong or easy to prove they were in the wrong.

It sucks I know, but I would hate to think you got so close to the main goal of PR, only to have it taken away for shitstiring...even if I know and you know you are right.

You know these people better than us, so I guess only you can make a judgement on how far you can push them for equitable (and legal!) treatment, without risking getting canned. If they did fire you it would be illegal, and there might be financial compensation or something, but I have no idea how its impacts the immigration situation. I dont know, but I suspect that you would be left hanging out to dry.

Wish I could be more positive

As far as the medical coverage thing goes, I think you really need to get that letter, even if it means telling them that you will not provide ANY medical intervention unless they provide it (and mean it too!). Another option may be to go through St Johns Ambulance, as at least as a registered 1st aider they provide insurance coverage to cover your ass a bit if you intervene (with implied consent) and thing dont go well.

nickybum

hey as a mother of a very healthy 2year old boy i know how hard it is to get good child care someone that you can trust with your child so you would think these people would be grateful that they have a loving and caring person to care for their child. i think this child is very lucky to have you by the sounds of it. and you just need to hold in there and grit your teeth till you get the PR then you can make your feelings heard good luck

dbd33

I don't think you should rock the boat until you get PR. Stick it out somehow.

After that though, if you'd like revenge, you might want to contact Community Living. Parents of disabled children can claim "respite hours" that is, if someone looks after the disabled child, the government will pay for that person. The rate of pay is fixed and, of course, complies with employment law. The conditions are that the parent finds the caregiver and the government pays the caregiver directly but people often cheat, for example, they get the money paid to a relative who has no taxable income. Your employers sound like shitty people and a lot of money is involved so there's a fair chance that they're making a fraudulent claim. At the very least an audit will be a big hassle for them especially if Revenue Canada are dragged into it.

To me the worrying bit of your post is "My employment was supposed to have gone through HRDC for approval.". I hope you have the proper working papers and that PR is in the future.