Alien worker’s transfer request denied

An alien worker who has been working in the CNMI for 10 years now and had filed a wrongful termination complaint against her employer has been denied transfer relief.

Labor Hearing Officer Deanne Siemer determined that Qiao Li Yan was absent from work, refused Marianas Garment Manufacturing Inc.’s request to return to work, and since that time has not worked for any employer appearing on Labor’s records.

“Persons who are able to work but do not do so are not entitled to transfer,” said the hearing officer in her administrative order that denied Yan’s request to transfer to a new employer.

Siemer awarded no damages to Yan.

She said Yan’s testimony about the alleged requests for payments from an employee of MGM lacked detail that normally would have been available with respect to such an occurrence “and were for this and other reasons, including demeanor, not credible.”

Yan had alleged that she was wrongfully terminated. She sought prospective contract damages for the remainder of her contract after the termination date.

She alleged that she became ill, requested medical treatment that was not forthcoming, and finally went to China for treatment.

Yan claimed that she paid for the airfare to and from China and also paid for medicine while in China.

She produced airline ticket receipts and testified to the amount of $750 for the roundtrip ticket. She also produced receipts for medication and testified to the amount of $860.

Yan alleged that retaliation occurred in her case. She claimed that an MGM supervisor sought payments of $500 and $1,000 one day before the Chinese New Year in 2005, which she refused to pay.

Thereafter, she alleged that the supervisor suspended her from work on two occasions.

Yan has worked in the CNMI since 1998. From February 2004 until she was terminated effective Nov. 1, 2005, she worked for MGM. She filed the case a day after her termination.

Yan traveled to China in July 2005 and returned in August 2005. She conceded that there was no discussion or approval of the travel, but testified that when she returned, she spoke personally with an administrative assistant in MGM’s Personnel Office about recouping her expenses.

Yan said that she signed a document agreeing to buy her own ticket and meet her own medical expenses, at the request of their manager.

When Yan returned from China, she went back to work.

The letter of termination was issued on Oct. 22, 2005 (for unauthorized absences on Oct. 19, 20, and 21) and became effective on Nov. 1, 2005.

The company produced a document recounting efforts to get complainant to return to work after her absences, and her refusal to do so.

Yan testified about a telephone conversation between herself and a supervisor in which she declined to return to work.

Siemer said that Yan was paid all her wages due to the date of termination.

Siemer said that Yan had testified that she has not worked since she was terminated. “From the testimony, it appears that she has no other means of support,” she said.