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Worker fined for covering up for erring employer
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Posted on Sep 08 2004
A nonresident worker was sanctioned for hindering an investigation on her former employer when she denied any irregularity in her employment status.
Department of Labor hearing officer Herbert D. Soll imposed a $250 fine against Huang Minhui, a former employee of the now-defunct American Yamei Corp.
In an administrative order, Soll barred the corporation from employing alien workers in the Commonwealth. He also ordered American Yamei, its president Lian Youzhu, and corporate secretary Cui Wensheng to pay $3,000 each for various labor law violations.
Records showed that Huang’s contract was renewed by the corporation in June 2003. Shortly afterward, the business was closed.
American Yamei, including the two officials, made no provision for alternate work for the worker. Neither did they inform the Labor Department of their intention to cease doing business or of an inability to execute the contract.
As a result, Huang was left with an apparently valid permit, no actual job, and without notice to the Department of Labor.
Soll said the corporation and the respondents violated a labor law when it failed to produce requested documents while Labor was investigating the matter. The respondents also failed to terminate the complainant’s contract upon closing the business, in violation of their employment contract with Huang.
Further, the respondents violated the Nonresident Worker Agreement when they placed the complainant on leave, closed the business, and failed to notify the Department of Labor.
For her part, Huang was sanctioned for denying any irregularity in her employment. She did this when she was interviewed by Labor shortly after her employers had closed the business and left her in the Commonwealth without legal employment.
“That misrepresentation misled the investigator and hindered him in his investigation,” Soll noted.
