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7 workers of bankrupt club awarded damages
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Posted on Jun 29 2008
Seven alien workers who have no intention to file a Labor case against their bankrupt employer were awarded by Labor $1,464 each in damages for unpaid wages.
However, in Friday’s hearing, Labor administrative hearing officer Deanne C. Siemer advised the seven workers to file small claims to collect the damages from two insurance companies that issued the bonding, since the employer has already declared bankruptcy.
Siemer granted transfer relief to two workers who failed to find jobs. The five other workers are currently employed.
The seven workers—four waitresses, one cook, and two restaurant supervisors—used to work at the defunct Tambayan Nightclub in San Jose.
The seven were among the many alien workers who were summoned to Labor on Friday for a hearing.
After Siemer awarded them damages, the seven proceeded to the Superior Court to file small claims against two insurance companies.
One of the workers, Jimmy C. Ararao, told Saipan Tribune that they did not file a Labor case against Tambayan because they understand that their former employer is bankrupt.
“We can’t do anything because the business was slow and Tambayan was closed in 2006. Our employer was also very nice to us, that’s why we didn’t file a Labor case,” Ararao said.
He said they thought the case was over since Labor investigated Tambayan shortly after its closure.
Ararao said they were surprised that their names were among those recently published by Labor in the newspaper to appear for a hearing.
The workers said they believe that Labor is just trying to “clean their records.”
The workers filed the small claims, but signed a waiver to avoid paying $20 in filing fee.
A Superior Court judge will determine whether to grant or deny the workers’ waiver.
