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DOL allows helper to seek new employer
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Posted on Oct 24 2004
The Department of Labor allowed an alien worker to look for another job after her employer decided to cancel the renewal application for her employment that gave the company no economic benefit.
Before Mariana Islands Enterprise, Inc. decided to cancel the renewal application, it appealed the Labor Division’s denial of the application for Salvacion D. Soltes, a baker helper.
“Ms. Soltes was not the cause of this denial; therefore, granting her transfer relief is in accord with the transfer principles contained in the regulations,” stated Labor hearing officer Jerry Cody in an administrative order.
In the order, Cody said that the company’s president, Chelita Romero, expressed willingness to cancel the application during the appeal hearing, although she produced the needed documents in an attempt to address the deficiencies of the renewal application, which became the basis of its earlier denial.
Soltes agreed with the cancellation of the application and requested permission to seek employment with another company.
“Islands Enterprise’s president admitted that she makes little profit on this contract and she continues it just to provide a job to Ms. Soltes, who is [her] distant relative,” Cody stated.
Cody agreed with the company’s request to cancel the application, saying that no legitimate economic reason supports the firm’s employment of Soltes.
Islands Enterprise used to provide Soltes’ services to Metetsu Mart, Inc. under a service contract between the two companies. Cody said that, under the agreement, Islands Enterprise collected $3.30 from Metetsu for each hour worked by Soltes and paid the worker $3.05 per hour.
“In effect, Islands Enterprise make $.25 [25 cents] per hour, which amounts to $10 per week or $520 per year. When one factors in the employer’s cost to pay for the permit and incidental processing charges, Islands Enterprise realizes a profit of less then $200 per year on its employment of Ms. Soltes,” Cody stated. (JR)
