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Judge remands court action to Labor
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Posted on Oct 01 2008
The Superior Court stayed Tuesday a court action filed by an alien worker who was denied by Labor to transfer to a new employer after she was found making false testimony and submitting fraudulent documents.
Associate Judge David A. Wiseman remanded to Labor’s Administrative Office the petition for judicial review filed by Zheng Qin Lu for a new hearing.
Wiseman made the decision after Lu’s lawyer, Joe Hill, and Labor counsel Eleonor Nisperos filed a stipulation to remand the matter to Labor’s hearing office.
The parties entered the stipulation in their desire to avoid further litigation and to resolve the case early.
Wiseman said if the hearing officer’s decision or order is adverse to Lu, the worker will follow Labor’s procedures for appeal.
Labor Administrative Hearing Officer Jerry Cody sanctioned Ruid Jin Trading Corp. in May for failing to correct deficiencies and employing three alien workers, including Lu, for months without Labor’s authorization.
Cody ordered Rui Jin Trading Corp. to pay a $300 fine and barred the company from hiring new foreign workers for a period of two years.
Cody granted the requests of two workers—Qiying Jiang and Juan Zhao—to transfer to new employers.
Cody, however, denied Lu’s transfer relief after determining she made a false testimony and submitted fraudulent documents.
Lu appealed and subsequently filed the court action against Labor officials.
