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Labor warns employer for negligent conduct
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Posted on Oct 19 2004
The Department of Labor has warned an employer of sanctions if he again ignores a deficiency notice sent by the department in the future.
Labor hearing officer Jerry Cody issued the warning after employer Fernando M. Romolor was found to have ignored a deficiency notice concerning a permit application he had submitted for an alien worker. Romolor also deliberately failed to cancel the application despite knowing that he lacked the financial capability to hire the worker.
On Aug. 6, 2003, Romolor filed a permit transfer application to employ nonresident Dawan Wiboonsill as a houseworker. Two months later, Romolor resigned from his job and began a long period of unemployment.
Although he no longer had the financial ability to hire a houseworker, he never attempted to cancel his application.
On Dec. 4, 2003, the Labor Department issued a deficiency notice, listing four missing items in the application requirements. Romolor never corrected the deficiencies over the next eight months, prompting Labor to deny the application.
At the hearing, the employer asked to be allowed to cancel his transfer application. Romolor explained that he had not previously cancelled the application because he continued to hope that he would obtain employment and be able to obtain Wiboonsill.
Cody affirmed the Labor director’s decision to deny Romolor’s application. “[Romolor] is warned that his conduct in this case was negligent…. Similar conduct in the future may subject Mr. Romolor to sanctions,” he said.
The hearing officer, however, granted Wiboonsill’s request to be allowed to transfer to a new employer. The worker was not at fault in the matter, Cody noted.
He gave Wiboonsill until Nov. 22 to seek a transfer employer.
