The Department of Labor has ordered a complaining alien worker to leave the CNMI and permanently barred him from future employment for submitting fraud documents to continue his “underground” employment.
Labor administrative hearing officer Barry Hirshbein ruled that complainant, Jingsheng Sun, shall take nothing from his labor complaint from employer, Cheng Wang Corp.
Hirshbein revoked Sun's right to work in the CNMI and ordered him to depart within 10 days after his employer of record, Cheng Wang Corp., delivers his repatriation ticket to Labor.
The hearing officer, however, sanctioned Cheng Wang Corp. to pay $500 in five installments for not reporting to Labor the illegal employment of Sun.
“As an employer of record, a party is obligated to either employ the worker or promptly notify the Department of Labor of the employee's abandonment,” he pointed out.
Hirshbein also referred the case to the Labor director for investigation into possible “sponsorship” application by one Rosalina M. Magofna, the original employer of Sun.
The hearing officer determined that Sun's testimony, for the most part, is not credible.
“It is self-contradicting and inconsistent,” he noted.
Hirshbein said Sun's conduct in this case contradicts his testimony and supports a finding that he is without merit.
“Sun's initial entry into the CNMI was obtained by fraud. The initial employment application contained false information of material facts,” he said.
He said the worker's conduct after entry into the CNMI is consistent with a scheme to obtain immigration status in order to perform unauthorized work.
Labor records show that Sun was recruited in China to work for a company owned by Yang Ke. He arrived in Saipan on March 16, 2005 and was met by Yang Ke.
Two days later, Sun was brought to Labor to pick up his entry permit. Yang Ke then told him that there was no guaranteed job and Sun would have to find one.
In June 2005, Yang Ke told Sun that Magofna might be in trouble with immigration. Yang Ke suggested that Sun transfer to a new employer.
On June 15, 2005 Sun executed a consensual transfer to Cheng Wang Corp. to work as a farmer.
Complainant alleged that no work was provided by Cheng Wang Corp. after consensual transfer was approved.
In his labor complaint, Sun demanded for one year's unpaid back wages, liquidated damages, reimbursement of illegal recruiting fees, and transfer relief.
Sun testified that he was defrauded by the recruiter in China. Sun stated that Yang Ke received some of his recruitment fee but Sun never made a request for refund.
Before leaving for Saipan, Sun claimed that he never knew the name of his employer.
Labor records show that the complainant's original employer in the CNMI was, Magofna, and that Sun was hired as a houseworker.
Sun stated that he never worked for Magofna. He testified that he never worked as a houseworker in China.
In June 2005, Sun met with his original employer, Magofna, and Leung Hu Min of the Cheng Wang Corp. at Labor to execute a consensual transfer.
Sun did not know what he was signing and did not attempt to find out.
Sun never made any attempt to contact Cheng Wang Corp after June 2005 regarding his employment.
Sun testified that the reason why he didn't complain was because Yang Ke threatened to have him sent home to China if he filed a complaint.
In January 2006, Sun returned to Labor to pick up his new permit.
Sun originally testified that he had not worked for 15 months after entering the CNMI and before filing his complaint. He then stated that he has worked at a number of different jobs including some construction.
Respondent Leung (Cheng Wang Corp.) testified that she first met Sun in March 2005. At that time Yang Ke asked her to help Sun pick up his entry permit.
Later, Magofna asked Leung if Sun could accept transfer of Sun because Magofna was leaving Saipan.
Leung was starting her farming business at that time and agreed to accept Sun as a farmer.
Leung testified that after Aug. 2005, she tried repeatedly to contact Sun to have him come to work. She was told by persons answering the phone that Sun was working.
Leung finally made contact with Sun in January 2006.
Sun told the respondent that he did not want to work as a farmer because he could make more in construction.
Sun never reported for work and Leung submitted a letter to Labor on March 30, 2006 requesting cancellation of Sun's entry permit.
Respondent denied receiving any recruiting money for Sun's entry into the CNMI.
Yang Ke denied that he ever received any money in connection with Sun's employment or paid anyone else any recruitment money.
Yang Ke received a call from a friend in China who asked him to pick up Sun at the airport.
Yang Ke stated that he never told Sun that there was no job for him in Saipan.
Sun did ask him for help and referred Sun to respondent Leung.
In his order, Hirshbein noted that Sun waited 11 months before filing his complaint.
“This is very strong evidence that he had no genuine interest in working for respondent,” Hirshbein said.
He said the evidence appears overwhelming that Sun's submissions of documents to Labor were a sham designed to secure “legal” immigration status so that he could continue his pattern of “underground” employment and self-employment.
Home | Weather | Advertising | Classifieds | Subscription | Contact
Us | About Us | Archives
©2006 Saipan Tribune. All Rights Reserved
