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Abandoned worker allowed to transfer
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Posted on Nov 12 2004
The Department of Labor Hearing Office has granted transfer relief to an alien worker who was abandoned by her former employer.
Hearing officer Herbert Soll instructed Herman’s Modern Bakery to file an employment application within 30 days for worker Sheryll A. Magday.
Records showed that Ocean Field Inc. filed an application for Magday on Feb. 5, 2004. On the same day, the employer was notified by the Labor Department that the submission was missing a certified job vacancy announcement and a health certificate.
The employer departed for Japan and left the employee without work or support with her contract problem. No action was taken on the deficiency, prompting the Labor director to deny the application.
Magday, “as a matter of self-preservation,” appealed the denial on Aug. 8, Soll said. A hearing was held on Sept. 3, when the department granted the worker’s request to transfer to a new employer.
Magday was initially allowed to transfer to Niizeki International Saipan Co. However, Soll said, certain legal obstructions arose that would place the employee’s position in jeopardy should the application be submitted.
To avoid further problems, Niizeki’s manager requested a re-hearing and offered a substitution of employer. The substituted employer is Herman’s Modern Bakery.
Soll noted that Magday was not at fault in the case and therefore, should be granted transfer relief.
