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Labor: Sports bar lacking funds to hire new worker
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Posted on Oct 07 2004
The Department of Labor hearing office has affirmed the denial of alien labor permit application, based on finding that the employer did not have the financial capability to hire the nonresident worker.
Pacific Dream Saipan Corp. had wanted to employ Maricel V. Pena as a waitress for its sports bar named “Dracula.”
Pena previously worked as a waitress for Star Four Corp. under a permit that expired last May 27. On July 12, Pacific Dream filed a transfer application to employ her.
On the day of the filing, the Labor Department issued a deficiency notice because the application was missing documents such as a fully certified job vacancy announcement, health certificate, and business establishment inspection.
The notice instructed the employer to correct the deficiencies within 10 days, or the application would be denied.
Pacific Dream failed to submit the necessary documents, prompting the department to deny the application on Aug. 18 for failure to correct deficiencies. The employer and the employee appealed the denial.
It was found that the employer was able to correct two deficiencies. However, the company was not able to be obtain an approved JVA because the Division of Employment Training and Services deemed the employer insufficiently solvent to hire the worker.
“At the hearing, the employer noted that it is willing to accept the determination of DETS regarding its financial condition and admitted that its finances are currently ‘weak.’ Based on these facts, I hold that the denial of this application should be affirmed,” hearing officer Jerry Cody said.
Cody, however, granted Pena’s request to be allowed to transfer to another employer, noting that she was not the cause of the deficiencies.
Pena was given until Nov. 18 to find a new employer. If she fails to file a permit application within the 45-day period, she will have to repatriate to her country of origin at the expense of her last employer, Star Four corp.
“In that event, any refusal or failure by…Pena to depart from the CNMI shall result in her name being forwarded to the Office of the Attorney General for deportation proceedings,” Cody said.
