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‘Verify company’s defunct status’
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Posted on Nov 16 2004
The Department of Labor was urged to determine the status of a company’s business permit after finding out that the owner is no longer doing business in the Commonwealth.
In a Nov. 12 order, Labor hearing officer Herbert D. Soll recommended that the department inform the Attorney General’s Office of the apparent closure of Guang Ping Corp. and verify the status of the corporate officer’s business permits.
Soll gave this instruction as he affirmed the Labor director’s decision to deny a labor permit application filed by the company for Elmer V. Tercenio, a nonresident worker.
Records showed that Guang Ping filed a deficient application for Tercenio on April 29, 2003. The application was missing a certified job vacancy announcement and the employment contact. A deficiency notice was sent to Guang Ping, but the employer provided no response.
On April 14, 2004—or a year later—the Division of Labor served a formal denial upon the employer.
At the hearing, Tercenio said the employer is no longer in business and had apparently ceased doing business at the time the application was filed. When he was not given employment, he filed the appeal to protect his interests.
He has been working for another employer under a temporary work authorization.
Nenita Delos Santos, an agent, testified that Tercenio has been working at an auto repair shop operated by employer David Lizama. Delos Santos said she was authorized to represent Lizama at the hearing and that he wished to employ Tercenio as an auto painter.
Soll granted the request for transfer and gave Lizama 45 days to file an employment application.
