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Worker’s claim for damages denied
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Posted on Jul 11 2004
The Department of Labor had denied the claim for damages filed by a nonresident worker who accused his former employer of breaching their settlement agreement.
Hearing officer Linn H. Asper said the allegation of Shopun Mozunder that Rota employer Charles Manglona had interfered with his right to transfer was “speculative.”
Mozunder and Manglona had settled their 1999 labor case on Oct. 8, 2003. Under their settlement, the employer agreed to pay Mozunder $2,000 and to use his best efforts to assist the worker to transfer to a new employer.
Manglona paid the required $2,000 through Rota’s director of labor, but Mozunder refused to accept the money because of his belief that the employer had interfered with his right to transfer, instead of assisting him.
On Nov. 3, 2003, Mozunder wrote the Labor secretary to appeal the issue of his transfer. He said he should be compensated for the several months of lost work he had earned as a result of Manglona’s alleged interference.
The appeal was subsequently remanded to the hearing office.
At a hearing on May 28, it was determined that a prospective employer, Henry S. Atalig, was ready and willing to hire Mozunder.
Atalig was not able to attend the hearing because he was away from Rota, but he provided a written assurance that he would hire the worker upon his return.
The hearing officer then allowed Mozunder to transfer to Atalig as security guard to address the problem raised by the worker in his appeal.
“If this is done, the issue of respondent’s interference with complainant’s right to transfer will be moot,” Asper said.
At the same time, Asper denied Mozunder’s claim for damages, saying that “these damages are to speculative to be assessed in this order, even if complainant is right about respondent’s interference with his transfer rights.”
