Worker given 21 days to find new job

The Department of Labor has allowed a nonresident worker to seek a new employer, but gave her only 21 days instead of 45 within which to have her new work permit application filed with the Labor Division.

Labor hearing officer granted Agnes V. Andal until Nov. 21, 2005 to have a new transfer employment application filed on her behalf before the Labor Division.

In an Oct. 31, 2005 order, Cody noted that the denial of Andal’s work permit was not due to her fault. But citing dilatory tactics on the part of Andal to inquire about the status of the application, Cody said giving the worker only 21 days to transfer serves as penalty. Cody noted that the Labor Division had already verbally informed Andal’s husband, Demetrio Monton, about the denial.

“Despite such knowledge, neither Andal nor her husband made any attempt to inquire further about the status of the application for the next 11 months. Although the employer was primarily responsible for the delay in appealing this application, this worker should be partially blamed for her failure to inquire with the employer or the department about the status of her application for many months,” Cody said.

Cody’s order noted that Andal’s prospective employer, Theresa R. Cruz, timely filed on July 22, 2004 a transfer application, which lacked the required job vacancy announcement. The Labor Division notified Cruz about the deficiency through Andal’s husband, who personally filed the application at the request of Cruz.

Records further show that the Labor Division denied the application on Sept. 7, 2004. The Division of Employment and Services Training certified the required JVA the following day. Monton retrieved the document from DEST within days and attempted to file it with the Labor Division’s processing section, which did not accept the document due to the denial decision.

Cody noted that the processing section advised Monton that the application had been denied and that the denial notice would be sent to Cruz by mail.

Cruz never notified Andal about the denial, claiming that she never received any denial notice. In August 2005, Andal filed a labor complaint against Cruz for alleged improper processing of her application. Andal did not seek damages, but simply wanted transfer relief. (John Ravelo)