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Siemer fines, bars employer in illegal sponsorship
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Posted on Apr 13 2008
Department of Labor Administrative Hearing Officer Deanne Siemer has fined and permanently barred a businessman for entering into an illegal sponsorship scheme with a long-time alien worker in the CNMI.
Siemer ordered Ping Yin Cheung of Walvo Enterprises Corp. to pay a $1,000 fine and barred him permanently from employing foreign workers for any purpose in the Commonwealth.
Siemer also denied worker Qian Jun Xu’s request to transfer to a new employer and directed her to depart the Commonwealth.
She ruled that Xu shall take no money damages from her Labor complaint.
“The employment arrangement between Cheung and complainant was an illegal sponsorship. No job was provided, and none was intended from the outset,” said the hearing officer in her order.
Xu alleged that she paid $2,300 in processing fees to Cheung in order to secure a job after she stopped working at garment manufacturer Winners II in November 2005.
Xu alleged that she signed a contract in March 2006 and that Cheung also signed the contract, but that no application was ever filed with Labor.
The complainant’s permit expired in January 2006. Her complaint was filed in December 2006, nearly one year later.
No contact was recorded with Labor before the complaint was filed. Xu said she never worked during this time.
Cheung admitted signing the contract so that Xu could remain in the CNMI. But Cheung claimed that the payments made by Xu were for rent on space that he (Cheung) controlled.
Xu’s husband was allegedly running in that building space an illegal garment cutting operation.
In her administrative order, Siemer said Xu’s testimony with respect to the payments is not credible.
“Complainant has been in the Commonwealth since 1999 and is well familiar with the requirements for approved contracts,” Siemer said.
