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Alien worker allowed to look for new job
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Posted on Apr 10 2005
The Department of Labor allowed an alien worker to seek a new job after finding that her prospective employer was not entitled to hire an additional nonresident worker due to financial insolvency.
Labor hearing officer Jerry Cody gave Gilda P. Castardo 45 days to have a new employer submit an employment application to the Division of Labor on her behalf.
The administrative order stemmed from a decision by the Labor division to deny an application earlier filed by AGSO Inc. for Gastardo.
Records showed that Gastardo previously worked for Mary Hazleton as an automotive/air-conditioning technician under a work permit that expired on Sept. 9, 2004.
On Oct. 25, 2004, AGSO Inc. filed a transfer application to employ Gastardo in the same job classification.
The Division of Labor denied the application on Jan. 3, 2005 based on a finding by the Division of Employment Services and Training that the employer lacks financial capability to employ an additional nonresident worker.
AGSO Inc. and Gastardo appealed the denial.
It was found that AGSO currently employs three nonresident workers and one resident worker. None of the workers has filed any labor claim against the company.
But at the hearing, AGSO’s president admitted that although the company is able to meet its current payroll, it does not contest Labor’s finding that the company’s financial resources do not support its application to hire another worker.
“Based on the foregoing, I hold that the department’s decision to deny this application should be affirmed,” Cody said. “I note that this worker is not at fault in the matter that gave rise to the denial of this application. Accordingly, [her] transfer request shall be granted and Ms. Gastardo shall be given 45 days to secure transfer employment.” (Agnes E. Donato)
