Gov’t sues couple for neglecting guest worker

The CNMI government has filed a civil suit before the Superior Court against Juan and Vivian Lizama for refusing to pay the back wages of their former Filipino housemaid Benedicta Alvear who had died of cancer.

According to the civil complaint filed through Assistant Attorney General Celeste Andersen, the Lizama couple also failed to pay the nonresident worker ‘s medical bills, failure to comply with Employment Standards, violation of the Minimum Wage and Hour Act and noncompliance with the order of DOLI’s hearing officer.

Ms. Alvear originally worked for Magdalena Lizama when she came here came to Saipan in November 1994 until the death of her employer on Aug. 5, 1995.

She wanted to go home since her contract was already due to expire on Aug. 29, 1995 but Juan and Vivian Lizama convinced her to stay.

They said Ms. Alvear should continue taking care of Vicente Lizama, the husband of Magdalena. Although Juan and Vivian Lizama said her contract will be renewed, the Lizama’s did not file a petition to have Ms. Alvear’s employment transferred, submit an employment contract or nonresident/employment agreement or file any other documentation with the Department of Labor and Immigration.

Ms. Alvear remained in the CNMI relying on the representation of the Lizama’s of continued employment. She continued with her day to day care of Vicente Lizama as well as maintaining the Lizama home and preparing meals.

The Lizama’s gave her housing and food as part of her benefits and a monthly salary of $200. In 1996, Juan and Vivian suddenly stopped paying Ms. Alvear her regular salary.

For seven months the Lizamas failed to pay Ms. Alvear her salary. They would only pay her sums ranging from $20 to $200.

The Lizama couple did not give her days off including the chance to visit the doctor or pay her medical care. Until November 1996, Ms. Alvear felt sick which made it difficult for her to work from time to time.

She was later on diagnosed to be suffering from breast cancer. Ms. Alvear could not visit the doctor because to do so would be a violation of the Lizama’s warnings.

In 1996, Ms. Alvear who was already very sick was forced to leave the Lizama home. Following the advise of the Philippine Consulate, she filed a labor complaint against the Lizama couple seeking unpaid wages and return airfare in December 1996.

During the hearings at DOLI, the Lizama couple never showed up. The DOLI ruled in favor of Ms. Alvear and the Lizama couple did not appeal the decision.

On March 14, 1997, Ms. Alvear was admitted to the Intensive Care Unit of the Commonwealth Health Center where she was diagnosed to have a terminal breast cancer. Since the Lizama couple has forbidden her from obtaining medical care during the first stages of the cancer, doctors said it immediately spread throughout her body.

In March and April 1997, CHC personnel and investigators, attempted to recover Ms. Alvear’s money from the Lizamas. Although there were many promises to pay her were made by the Lizama couple, no money was ever paid.

CHC Medical Social Services raised funds to pay Ms. Alvear’s back wages. CHC personnel contributed $2,200 so she could return to her family.

During her admission to CHC between March 14, 1997 and April 26, 1997, her medical bills amounted to $16,013.99.

Ms. Alvear died of cancer after her repatriation to the Philippines on April 26, 1997. (LFR)