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What to Consider When Using Temporary Employment Agencies

Young girl talking on smartphone and typing on laptopWhen I suggest to job seekers the idea of contacting an agency for temporary work, I often face a wall of anxious questions. Job seekers worry about how such jobs are viewed by employers on resumes, as well as legal concerns about their rights regarding hours, pay, hours, vacation, references and other issues.

Temporary work, while it has its drawbacks, can be effective for many job seekers if it is taken through high quality agencies as part of a clear goal-directed job search strategy.

Job seekers do have some protections under the Ontario Employment Standards Act (ESA). The Ontario Ministry of Labour released an updated guide about the legal rights of temporary “assignment employees” in May 2015. Here are some relevant highlights:

Definitions

  1. The assignment employee is a candidate who has been registered with a temporary agency to receive temporary work assignments; they are, by legal definition, an official employee of the agency, even between assignments, unless they resign or are terminated.
  2. The temporary help agency (“temp agency“) hires employees and assigns them to perform work on a temporary basis for their clients
  3. Agency clients are the employers for whom the temp agency works, with the goal of helping them fill temporary positions in their companies

Legal Rights of Temporary Assignment Employees

1. Information:

Temp agencies must provide the following to their assignment employees (in writing):

  • the legal name of the agency, as well as any operating or business name of the agency (if it is different from the legal name)
  • contact information for the agency, including its address, telephone number and one or more contact names
  • a copy of the information sheet published by the Director of Employment Standards entitled “Your Employment Standards Rights: Temporary Help Agency Assignment Employees”.

When offered work assignments, employees must receive (can be verbal when the work assignment is offered, but must be in writing as soon as possible after):

  • the legal name of the client, as well as any operating or business name of the client (if it is different from the legal name)
  • contact information for the client, including its address, telephone number and one or more contact names
  • the hourly or other wage rate or commission and benefits associated with the assignment
  • the hours of work
  • a general description of the work
  • the estimated term of the assignment (if known when the offer is made)
  • the pay period and pay day

2. Fees:

A temporary help agency cannot charge a fee to an assignment employee (or a prospective employee) for:

  • becoming an employee of the agency
  • the agency assigning or trying to assign the employee to perform temporary work for a client
  • the agency providing the employee with help in preparing resumes or preparing for job interviews

3. Restrictions on Accepting Direct Employment With Agency Clients:

An agency cannot:

  • restrict an assignment employee from accepting direct employment with a client
  • charge a fee to a client of the agency for entering into a direct employment relationship with an agency’s assignment employee, unless the fee is charged during the first six months of the temporary contract with that client
  • stop its client from providing a job reference for an assignment employee

4. Public Holidays:

Temporary help agency assignment employees generally have the same public holiday rights as other employees. (see Public Holidays and the Public Holiday Pay Calculator for more information), other than:

If a public holiday falls on a day when the employee is on an assignment and that day would ordinarily be a working day, the employee is entitled to the day off with public holiday pay, which is all the regular wages earned plus vacation pay payable in the four weeks before the week in which the holiday falls, divided by 20.

The employee may also agree, in writing, to work on the holiday, which will give them the right to:

  • their regular pay for that day and a substitute day off with public holiday pay; OR,
  • get premium pay for every hour worked on the holiday plus public holiday pay.

If the employee is on assignment but the holiday falls on a day that is not ordinarily a working day for the employee, they will generally get a substitute day off with public holiday pay. The employee may also agree (in writing) to public holiday pay only.

When a holiday falls on a day that the employee is not on assignment, they will generally be entitled only to public holiday pay for the holiday.

5. Termination of Employment:

Temporary help agency assignment employees generally have the same rights as other employees to notice of termination. (See “Termination of Employment” for more information), with these exceptions:

During each week of termination notice, assignment employees are entitled to be paid of the wages they are entitled to receive, which cannot be less than:

  • In the case of a termination other than that which results from a lay-off going on longer than a “temporary lay-off”, the total amount of wages earned by the assignment employee in the 12 weeks ending on the employee’s last day of work for a client of the agency, divided by 12

or,

  • In the case of a termination that results from a lay-off going on longer than a “temporary lay-off”, the total amount of wages earned by the assignment employee in the 12 weeks before the deemed termination date, divided by 12.The deemed termination date is the first day of the lay-off.

If an employee is being terminated without working notice, pay in lieu of notice is calculated as the amount of wages earned in the 12 weeks ending on their last day of work for a client of the agency or, in the 12 weeks before the deemed termination date, if the termination is triggered by a lay-off going on longer than a “temporary lay-off”, divided by 12, and multiplied by the number of weeks of notice to which the employee is entitled.

Termination of employment may be triggered by a lay-off that lasts longer than a “temporary lay-off”. An assignment employee is considered to be on a week of layoff if he or she is not assigned by the agency to perform work for a client of the agency during that week, unless, for one or more days, an assignment employee

  • is not able or not available for work
  • refuses an offer by the agency that would not constitute constructive dismissal
  • is subject to a disciplinary suspension
  • is not assigned to perform work for a client of an agency because of a strike or lock-out at the agency

An assignment employee may also have a right to mass notice of termination of eight, 12 or 16 weeks. Assignment employees may have a right to mass notice of termination if 50 or more have their employment terminated by their agency in a single four-week period because their assignments at a single client’s establishment ended.

6. Severance

Temporary assignment employees generally have the same rights as other employees to severance pay. They are entitled to severance pay if their employment is severed, they have been employed for at least five years and certain other conditions are met. (see “Severance Pay” for more information).

However, some severance pay some rules apply only to assignment employees:

  • To calculate the amount of severance pay an assignment employee is entitled to receive:
    • Either, in the case of a severance other than that results from a lay-off going on for 35 weeks or more in a 52-week period, take the total amount of wages earned by the assignment employee for work done for clients of the agency during the 12-week period ending on the last day the employee did work for a client of the agency
    • or, in the case of a severance that results from a lay-off going on for 35 weeks or more in a 52-week period, take the total amount of wages earned by the assignment employee for work done for clients of the agency in the 12 weeks before the first day of the lay-off
  • divide the amount of severance by 12
  • multiply the result in 2 above by the lesser of 26 and the sum of:
    • the number of years of employment the employee has completed; and
    • the number of completed months of employment in the incomplete year, divided by 12.

A severance of employment may be triggered by a lay-off that lasts for 35 weeks or more in a 52-week period. An assignment employee is considered to be on a week of layoff if he or she is not assigned by the agency to perform work for a client of the agency during that week. A week is not counted as a week of layoff (i.e., is an “excluded” week) if, for one or more days, an employee:

  • is not able to work;
  • is not available for work;
  • refuses an offer by the agency that would not constitute constructive dismissal;
  • is subject to a disciplinary suspension; or,
  • is not assigned to perform work for a client of an agency because of a strike or lock-out at the agency.

See when severance occurs for how a lay-off results in the severance of employment.

7. Protections from Reprisals by a Client of an Agency

As the employer of an assignment employee, a temporary help agency is not allowed to penalize an assignment employee for doing things such as asking questions about his or her ESA rights, filing a claim under the ESA or otherwise asserting his or her rights.

In addition, a client of a temporary help agency is not allowed to penalize a temporary help agency assignment employee because, for example, he or she has asked about his or her ESA rights, asserted those rights, or asked the client or the agency to comply with the ESA.

That means a client is not allowed to:

  • intimidate the employee
  • refuse to have the employee perform work or to allow the employee to start an assignment
  • terminate the assignment of the employee
  • otherwise penalize or threaten to penalize the employee

8. Enforcement of Employment Rules:

Employees who believe their agency is not complying with the ESA, or that the agency or a client of the agency has penalized them for, among other things, asking about or for their ESA rights, may file a claim with the Ministry of Labour. (See Filing an Employment Standards Claim for more information.)

If there are violations of some of the rights specific to assignment employees, the Ministry of Labour can take certain actions:

  • If an agency has charged an assignment employee or a prospective assignment employee a prohibited fee, an employment standards officer may issue an order to recover the fees for the employee
  • If an agency has interfered with the assignment employee getting direct employment with a client of the agency or prevented a client from providing a job reference for an assignment employee, and the assignment employee has suffered damages as a result, an officer may order compensation for any loss incurred
  • If a client of the agency has penalized an assignment employee, an officer may issue an order for compensation for any loss incurred and/or reinstatement in the assignment

Supports and Resources for Temporary Agency Workers

Temporary agency workers can, as mentioned, file an Employment Standards Claim with the Ministry of Labour. In addition, workers can turn to community resources that offer legal information and supports:

  • The Workers’ Action Centre describes itself as a “a worker-based organization committed to improving the lives and working conditions of people in low-wage and unstable employment”. Their Workers’ Rights Information Line can be reached at (416) 531-0778
  • The Community Legal Education of Ontario (CLEO) provide excellent, easy to read information sheets on a variety of legal topics, including Employment

Find Temporary Agencies

Online, Employment Agencies can be found using a Google search, or on online listings such as this list of Employment Agencies, or this Recruitment Agencies list, which can be sorted by sector or location. To ensure that you are signing up with quality agencies, look for reviews of agencies on sites such as Yelp and consider checking whether your agency is registered with the local Better Business Bureau (BBB).

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Ask the Employment Specialist: How to handle shocking interview questions

Angry businesswoman arguing with businessman about paperwork faiDear Joanna,

I went for an interview at a large pharmaceutical company for an account manager position. The interview asked me the strangest question: If I was part of a group of 10 who were bound in chains in the middle of the room, how would I answer the phone when it rang at one of the desks far away from the chained group? I was caught off-guard. I responded that I would ask everyone to hop together towards the phone and the closest member would pick up the phone. I didn’t get the job.

Any thoughts on how to prepare and handle these weird questions that seem to have no relevance to the job?

Signed: Stranger than Strange (SS)

Dear SS,

In an article on this topic, Globe & Mail reporter David Kennedy explains that Canadian employers are starting to ask these types of challenging and strange interview questions to test a candidate’s critical thinking and problem-solving skills. Google and other large cutting edge has been doing this for a long time in their interviews.

The article quotes Scott Dobroski, associate director of corporate communications at Glassdoor. “Employers are looking to test a candidate’s critical thinking skills, as well as how they problem-solve on the spot and how they handle an unexpected challenge.” These employers aren’t necessarily looking for a right or wrong answer, adds Dobroski, who clarifies that employers are trying to see is how you can think out loud and come to your best solution on the spot. Dobroski suggests that the best way to answer is to take a minute, breathe, think about how the question and related your response back to the position that you’re interviewing for.

Glass Door presented the top 10 strangest interview questions asked by leading companies:

1. “What would you do if you were the one survivor in a plane crash?” — an Airbnb trust and safety investigator job candidate was asked.

As with all the oddball questions, interviewees should relate their answers back to the workplace, Dobroski noted. In this case, a potential response could include how to ensure the survivor’s safety, as well as checking the rest of the plane to make sure there were no other survivors. Asking about nearby resources, such as radio or cell phone towers, could also help show the interviewer that the applicant can think ahead and plan for emergencies.

2. “What’s your favorite ’90s jam?” — a Squarespace customer care job candidate was asked.

While this might seem goofy, Dobroski notes that this open-ended question is a way for a candidate to show off their positive qualities. “I could answer, ‘All Star’ by Smash Mouth. This reminds me to keep reaching for the stars,'” Dobroski said. “These can be very short responses, as long as you relate it back to the workplace.”

3. “If you woke up and had 2,000 unread emails and could only answer 300 of them, how would you choose which ones to answer?” — Dropbox rotation program job candidate was asked.

This is the type of situation that almost everyone deals with today, but it also allows the candidate to show how he or she would prioritize in a potentially stressful situation, Dobroski noted. Candidates could note that they’d search for names of people and subject line terms that would need attention first, for example.

4. “Who would win in a fight between Spiderman and Batman?” — Stanford University medical simulationist job candidate was asked.

This is a circumstantial type of question where a candidate could ask the interviewer for more information, such as whether the fight is in a cave (giving Batman an edge) or the top of a building (Spiderman). “This shows how you assess an unexpected challenge,” Dobroski noted. Giving a one-word answer such as “Spiderman” isn’t what employers want to hear (no matter how much you love Spidey.)

5. “If you had a machine that produced $100 dollars for life, what would you be willing to pay for it today?” — Aksia research analyst job candidate asked.

Candidates could ask the interviewer for more information, such as whether there is only one of these machines available or if there’s a glut. Asking about whether there is risk involved — such as whether the owner could be targeted by criminals — could also help show analytic skills, Dobroski noted.

6. “What did you have for breakfast?” — Banana Republic sales associate job candidate.

This sounds like small talk, but it allows the interviewer to gauge whether the candidate is an upbeat person and can relate to other people. Sales associates are asked questions all day long by customers, and keeping upbeat energy is important.

7. “Describe the colour yellow to somebody who’s blind.” — Spirit Airlines flight attendant job candidate was asked.

This question tests a candidate’s sensitivity and how they gather information. An applicant could ask whether the person is partially blind and when they became blind, helping to formulate an answer and deal with someone’s disability. “There are times when they have to work with passengers with special needs,” Dobroski noted.

8. “If you were asked to unload a 747 full of jellybeans, what would you do?” — Bose IT support manager job candidate was asked.

Unloading a plane full of jellybeans is no small task, so this allows a candidate to show off their project management skills. An interviewee could ask what the budget is, when the deadline is for unloading the plane, and whether they have machinery or staff to work with. That will help demonstrate the candidate’s ability to think through all the possible dimensions of the challenge.

9. “How many people flew out of Chicago last year?” — Redbox software engineer II job candidate was asked.

This question for an entry-level engineering job is, not surprisingly, geared toward assessing a candidate’s analytic skills. The interviewee could walk through their thinking, such as how many flights go in and out of Chicago each day, how traffic surges at the holidays, and come up with an answer. The interviewer isn’t interested in the correct answer, Dobroski noted. Rather, it’s all about how a candidate handles such problems.

10. “What’s your favourite Disney Princess?” — Cold Stone Creamery crew member job candidate was asked.

This question is all about getting a candidate to show off their personality. Responses should link back to the business, Dobroski noted. “You might say, ‘I like Cinderella. She epitomizes someone who works hard, is well liked and has overcome some challenges. That’s how I approach work,'” he said.

The bottom line about answering difficult unexpected questions is to stay calm and confident, to think through the answer out loud and take a risk trying to figure out the answer. The right answer is a lot less important than the process of answering the question.

Joanna

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Ask the Employment Specialist: Cultural fit and the job interview

Drawing of a typewriter with the words "Dear Employment Specialist"Dear Joanna,

When I follow up with the interviewers to ask for feedback on my interview and why I have not been hired, I have heard everything including: “you are overqualified” to “under qualified” to “you need Canadian experience” to “you have too much Canadian experience” to “you are not a good fit”. I am confused because have all the experience, skills, education and qualifications required in the job description! What is wrong with me? What does “you are not be a good fit” even mean?

Signed: Fit and Ready

Dear F&R:

The JVS’ Toronto’s counsellors whom I consulted on this question emphasized the importance of understanding that each organization has its own culture. A company’s culture can make or break the hiring decision. As a job seeker and future employee, I would explore the following:

1. Study the company’s culture prior to the interview.

This will help you read between the lines of the interviewer, and better answer the questions. Each organization and company has its own culture, which includes the company’s norms, values, how they spend their money and budgets, how they hire, their interview style, right down to the design of the interior and exteriors of their offices or buildings.

2. Understand your own preferred working style.

If you thrive in workplace environments with structure and order, and you interview in one of those IT companies which are known for their creative atmospheres, which is completely opposite to your natural style, you might find it a challenging place to work. Most likely, the interviewers will pick that up.

3. Research the company on social media.

Use LinkedIn, Facebook and Twitter to learn about the company and connect with employees. Find out as much as you can about the culture and systems including the dress code, management style, and the history of the company. Read the company website and learn about other employees and company information on the website and LinkedIn. Follow the companies. Consider cold calling employees for an information interview on the phone or in person. Research any media coverage or newsletters on the Internet.

4. Drop in.

Visit the company office in advance. Observe the décor, the art work, the floors, the marketing materials, and brochures, if possible. See if the employees are happy? Are the phones ringing? How’s the bathroom? Is it clean? Are the offices messy? Disorganized? Is it a corporate environment? What kind of computer stations are there for the employees? Do people work from home? You can ask these questions in an information interview or through Twitter as well.

Joanna

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Land a Survival Job and Make it Work for You

taxi cabsAs part of career coaching clients, I am often in a position of having to try to convince them of the benefits of survival work to help carry themselves over tough financial patches in their lives. Job seekers are nervous about taking a job outside of their career path, worrying that it will take them away from their intended direction. They also tell me that they worry that survival work might be perceived by potential employers as a failure. Actually, survival jobs can be a source of new opportunities — sometimes, they’re just a chance to bring in some short-term income, other times they become opportunities to meet new people, learn new skills and maybe even move into a new career.

What are Survival Jobs?

For some people, survival (or interim) jobs are lower skill, short notice, often short-term positions which job seekers take to carry themselves over while working on another longer term goal. Some people spend their entire careers in such positions, preferring the variety and physical challenges of these positions. Others do the work because they have no choice, burdened by challenges such as low skills, a need for urgent income and problems finding work. Depending on your skills and physical abilities, there are a range of positions that you might be able to find that could be described as “interim”.

Typically, these might include:

  • General Warehouse — working daytime, afternoon or night shifts, requiring the ability to lift weights such as 30-60 lbs, and having safety shoes. This kind of work mostly does not expect experience or any certification and often pays minimum wage.
  • Cherry Picker/Forklift — working often full days, requiring a Forklift Licence and Certification in Fall Arrest Protection. Salary might be higher — about $15/hour.
  • AZ Drivers — loading, unloading and delivering materials or goods. These jobs require an AZ license, driving experience and often a clear driving abstract, as well as the ability to lift 50 lbs.
  • Bakery Production/Batch Mixers — late afternoon and night shifts, mixing ingredients and working in an assembly or production line in a commercial bakery. These jobs require attention to detail, the ability to lift some weight (40 lb), some administrative abilities (stocking, shipping and receiving) and packaging.
  • Metal Fabrication — working with metal in a manufacturing environment, including operating equipment that produces, cleans or processes the materials, sorting, packing, transporting materials. Requires Steel-toed boots, safety goggles and gloves, and the ability to lift a medium amount of weight (20 lbs).
  • Landscaping — working outdoors, doing tasks such as leveling, laying and cutting stone, planting, sodding, grading and operating equipment. These jobs are team efforts, so good teamwork and communication skills are valued, as is experience in this field.
  • Construction — working on construction sites, doing a range of tasks including scaffold erection, assembly and stripping of concrete forms, concrete pouring, carpentry and/or woodworking, basic plumbing and electric knowledge and many others. Experience using nails guns, power tools, saws, measuring tape, hammer, and other tools are often required. Companies often will provide some training. Jobs are often performed on weekdays, starting early in the morning (7:30 am)
  • Warehouse Clerk — Often shift work, these jobs will include some training, but prefer experience and knowledge of computers and scanners, as well as working with inventory and cycle counts and shipping/receiving. Forklift is often valued, in addition to strong communication skills and the ability to do some lifting.
  • Food Service — these jobs are shift jobs, that often into the night and over weekends. Employers are most interested in an enthusiastic and warm personality, as well as the ability to multitask well. Knowledge and a passion for food and drinks is valued. Certain certifications might be needed, such as Smart Serve for alcohol servers might be required or Food Handling Certification for those working in the kitchen.
  • Call Centre Representative — these jobs often require evening and weekend shifts, making outbound calls to sell a product or service, or to gather market survey information via the telephone, or deal with incoming calls from clients. Most importantly, employers value communication skills and a warm, yet professional demeanour. Sometimes, employees might work from home. Second languages are valued, especially French.

Where can Survival Jobs Be Found?

Jobs are almost always advertised through agencies and require a resume to apply. Often agencies invite candidates to call directly or to come in person to the office at certain designated times, but other times, they require resumes to be submitted online or via email.

Our employment counsellors will help you find survival jobs at any of our Employment Source locations.

The second best way to find these positions is to identify the agencies that hire in your area. Here are some agencies that I was able to find in the Toronto area:

Other sources of jobs and employers include aggregating sites such as Indeed.ca or SimplyHired.ca, where a candidate can search , using keywords (“general labour”, “Warehouse Clerk”, etc) and location, and set up an alert system that will inform them via email every time suitable jobs appear.

Finally, general labour jobs are also posted on local classified boards such as Craigslist and Kijiji.

Bottom Line:

From my experience with clients who take survival jobs, the benefits of survival work mostly outweigh the challenges. Besides earning income, people enjoy the structure and routine of working, the opportunities to meet new people, gain new skills, and sometimes opportunities for advancement in new and upcoming sectors. Interim work could also help job seekers in their job search for other work, by providing them with recent references and an easy answer to the “what are you doing right now” question often asked by interviewers.

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Ask the Employment Specialist: The dangers of email at work

Drawing of a typewriter with the words "Dear Employment Specialist"Dear Joanna,

I learned through my friend in the IT department at my company that my boss could have been reading all of my emails over the past six months. I have been carelessly sending personal emails throughout the day to my friends booking dates, sharing personal relationship matters and other confidential information.

I had no idea that my company could read my emails! Apparently, my IT friend said that they can on company time and on computers that belong to the company. What should I do to rectify this embarrassing event?

Signed: Embarrassing Emails (EE)

Dear EE

Too many employees believe that emails are private at work. They are NOT. It is not a casual communication device and sometimes, these emails can even ruin your career and job.

Cynthia Shapiro (in her book Corporate Confidential) presents some tips for employees who are casual about their emails during work time.

Emails are not private or secure. Assume that all your emails are being read. I had an employer who was an HR director who mistakenly replied to “all” with a confidential email about a policy change in the organization that would cause lay-offs. It got into the wrong hands. The HR staff was fired.

Emails are forever. They can be shared, forwarded, posted and printed for all to see. You may think it is deleted, but it remains on the server. Emails can be intercepted. You can be sure that if the CEO views a negative email from you about the company, chances are you will be out the door, as soon as there is an opportunity.

Beware of the send button. Accidents happen. You can email a message to the wrong person. For example, a complaint about your boss that was meant for your co-worker but your boss got the email instead because they both have the same name. It’s too late to hit the “recall button”! Again, your career could be damaged from this situation.

Email distorts intention. Shapiro warns that email is a highly flawed communication tool, one of the worst ever for the workplace. People use it inappropriately, sometimes hoping to avoid confrontation. It lacks any tone, inflection and body language and it can be completely misunderstood and misinterpreted by the reader, which can result in conflict; an innocent email can come across as an angry email. This tool should be used at your discretion. Sometimes, it is better to have a face-to-face conversation rather than emailing each other.

Treat emails with respect. Make sure you use it professionally. Write it as if you are writing a formal document or a company memo. Write it carefully and make sure your message reads as intended. In essence, an email is a professional, formal paperless memo.

Say nothing negative. Never complain or write anything that you really think. It is for conveying information only; not addressing issues or problems. It’s safer to treat email as a public voice, where you say only positive or benign things about the company. Write emails assuming that they will be read by everybody.

Do not send it if you have to be overly careful. You never know where it could go or who will see it. Remember, an email is never private and it leaves a paper trail. Again, if you have something sensitive to share, do it in person.

If you receive a negative email then delete it immediately and reply to the person who sent it, requesting that he or she never send you anything like that again. If the email is being watched, those viewing it will assume that you are involved and in agreement with the sender. This could jeopardize your job. Always respond with a stern reply. Do not let it go.

Remember, emails can be harmful. Writer, beware.

Joanna

JVS Toronto

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E: [email protected]

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