Temporary Agencies Impact Wrongful Dismissal Claims
The use of temporary agencies to help companies with their staffing needs provides a host of advantages for both businesses and employees. For employers, it allows them to fill vacant positions quickly and easily and to manage staffing issues without putting pressure on other employees. It also provides a means to evaluate potential workers before making a permanent commitment. For temp agency employees, it offers them a chance to find work that may lead to a permanent position.
But the use of temp agencies has some notable drawbacks as well, especially when it comes to wrongful dismissal claims. Wrongful termination can occur for a number of reasons, and employers are required to meet certain obligations in terminating an employee. When these obligations are not met, it can constitute wrongful dismissal toronto and the employer can be found to have committed a statutory offence.
Typically, the contracting company that hires the temporary worker will come to an agreement with the temp agency for their hourly wage and other employment-related expenses. The client will pay the temp agency a fee for each worker they provide and it is the temp agency’s responsibility to ensure that the worker is paid, that any additional payroll taxes are deducted (workers’ compensation insurance, unemployment insurance, social security benefits), and that government tax deductions are taken at the time of payment.
How Does the Use of Temporary Agencies Impact Wrongful Dismissal Claims?
A temp agency will typically screen workers for skills, work experience and other important qualifications before placing them with clients. However, they cannot control how a worker performs once the job has been assigned to them, and it is up to the client to supervise their performance on the job. If the employer is not satisfied with a temp worker’s performance, they must come to an agreement with the temp agency to determine whether they want to retain that worker or terminate them.
Because temps are considered to be employees of the temp agency, rather than the company they are placed with, it is possible that the temp agency or the actual hiring business could be held liable for any wrongful termination claim brought by the temp agency worker. If the wrongful termination is found to be discriminatory, back and front pay, compensatory damages and punitive damages could be awarded to the temp agency worker in a successful wrongful dismissal claim.
If you have been fired from a job in Ontario, contact a Toronto wrongful termination lawyer at Samfiru Tumarkin LLP to determine what severance package you are owed. There are many factors that must be considered, including how long you were employed by the company, your age, and your level of expertise or training. Our leading wrongful termination lawyers will investigate the circumstances surrounding your firing and determine what you are entitled to in terms of severance pay. Contact us today to schedule a consultation. We are available to speak with you in English or French. Our Toronto office is located in the heart of downtown Toronto, and our phone lines are open 24/7.
