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Labor: Poker attendant not wrongfully terminated
The Department of Labor said Gina A. Gamboa failed to prove wrongful termination/breach of contract in her complaint against his former employer, K-Amusement Corp.
Gamboa filed a labor complaint in September 2015 against K-Amusement for wrongful termination/breach of contract.
In July 2015, a staff of K-Amusement visited Gamboa’s hometown in the Philippines and the two parties entered into an employment contract.
K-Amusement then petitioned Gamboa under CW-1 status as a poker attendant and it was granted on Aug. 26, 2015. Gamboa began working for K-Amusement on Sept. 1, 2015 with her CW-1 status scheduled to expire on Feb. 19, 2016.
Gamboa worked for one week without any problems but on Sept. 8, 2015, she was allegedly told by her employer “not to report to work” the next day even when she was scheduled to work that whole week.
Gamboa did not work on Sept. 8, 2015 and the next day, she filed a labor complaint citing wrongful termination.
Hearing officer Jerry Cody finds that the facts said by Gamboa do not justify her conclusion that she has been terminated. “Employee’s assumption that she had been terminated on Sept. 8, 2015, was unreasonable, based on the factual circumstances.”
In addition, “assuming that employee’s version of events is true, the statement did not rise to the level of threat or harassment and one uneventful week or work did not create any situation that could be described as “intolerable” for Gamboa.
Cody finds that Gamboa presented insufficient evidence to prove wrongful termination. Judgment is entered in favor of K-Amusement and against Gamboa with respect to this labor claim.
