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Labor denies worker application
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Posted on Dec 31 2004
The Department of Labor Hearing office affirmed the denial of the hiring of a nonresident worker, saying it is not satisfied that the individual’s work history justifies importing her from China as a new hire.
Hearing officer Linn H. Asper also cited that the employer, Donped Inc., failed to explain why it was necessary to bring in the worker, who has “questionable credentials,” when a hundred others already in the Commonwealth could fill the position.
The labor order indicated that Donped Inc. intended to hire Yu Mei Xie, who is currently in China, as an accountant. Labor director Dean Tenorio earlier denied the labor permit application, citing that the prospective employee’s nonresident workers affidavit had been “whited-out” or altered, making it “impossible to tell what the employee had sworn to regarding her work history.
At the hearing, the employer admitted altering the affidavit, but claimed that the substituted work history showing that the employee was an accountant was correct. The employer submitted a new affidavit showing an accountant background of the employee.
Also, no officer of the corporation appeared to explain the affidavit alteration or what the affidavit originally said about the employee’s education, training, and work history. (Shan Seman)
