Some alien workers backed out from filing small claims

Some alien workers who were advised by the Department of Labor to file small claims to collect their administrative awards went to court yesterday but soon backed out upon learning that it will their responsibility to serve their complaints to their previous employers.

“How can we serve our complaints to our previous employers when in fact they just shut down their factory, abandoned us, and left the CNMI?” one of the four workers who went to the Superior Court yesterday told Saipan Tribune.

The four used to work at the defunct Sako Garment Factory in San Antonio. One of them already paid $20 at the Superior Court’s cashier’s office to file small claims against Sako and its president, Hee Kun Kyun, and vice-president Hyung Ki Min.

The four, however, decided not to pursue their filing when a court staff informed them that they would be responsible for serving the complaints to their previous employers.

Saipan Tribune observed the workers discussing with the court staff the procedures in filing small claims.

The court employee explained to them that their small claims will be taken off calendar if the court finds that the complainants failed to serve the defendants with the complaints.

The court staff said that once the workers file the small claims, they could not get their filing fee back. The staff said they should let somebody or their friends serve the complaints.

The workers reasoned out that it is impossible for them to serve the complaints because their previous employers had abandoned them a few years ago.

The workers said that filing the small claims is just a waste of their hard earned $20. The one who already paid $20 went back to the cashier’s office accompanied by the three other workers to get back her money.

The four workers were among hundreds of people who showed up at the Sugar King Park’s Roundhouse, claiming they are owed unpaid wages and damages by previous employers. While there, Labor personnel informed them to file small claims in court.

The workers told Saipan Tribune that the defunct Sako Corp. owed them $500 each in contractual damages so they proceeded to the court to file small claims upon Labor’s advice.

They said the small claims packets handed to them by Labor staff listed the lawyers who would entertain small claims.

The workers said they decided to proceed to Labor to file small claims by themselves because their claim is only $500 each and that nothing will be left for them if they hire a lawyer.

They said they are very thankful to the court staff who explained to them the consequences of filing small claims without serving the complaints to the defendants.

“Twenty dollars is a big amount for us. I can buy sardines and rice with that amount,” one worker said.

The four were among the 371 abandoned workers of Sako Corp. who were awarded $500 each in contractual damages through an administrative order issued by Labor administrative hearing officer Maya B. Kara on Aug. 23, 2005.

Since Kara issued the order, they said they never got any of the $500 awarded them.

The four are among 800 workers who forwarded to federal ombudsman Jim Benedetto their administrative orders representing a total amount of $6.1 million in unpaid wages and damages.

They said they went to Sugar King Park’s Roundhouse last Wednesday because their names were included in Labor’s announcement telling them to show up.

They rushed to the court yesterday because Labor personnel instructed them to file the small claims within 15 days.

One worker said that some of them thought that during the Wednesday meeting at Sugar King Park, Labor would hand out checks since Kara’s administrative order was issued three years ago.

The worker said some also thought that they would get another check from the settlement money in the class action against garment factories.

The other worker said some of them were at the Sugar King Park Wednesday at 9am and went back in the afternoon due to a power outage until they were finally given small claim packets shortly before 4pm.

The Superior Court is charging $20 for small claims of $500 or less; $30 for $501 to $2,000; and $40 for $2,000 to $3,000.

It was not clear yet how many alien workers filed small claims in court after Labor gave them the small claim packets last Wednesday.

But a court staff said one already paid $20 to file small claims, one got back the payment, while others came with waivers to file without payment, to be signed by a judge.

Labor Enforcement Supervisor Jeffrey Camacho told Saipan Tribune on Wednesday that they were there at Sugar King Park Roundhouse to assist the workers and give them the small claim packets on how they can proceed to court and collect their administrative orders.

Camacho said they also provided the workers the names of bonding companies.