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Worker gives up on complaint after seven years of waiting
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Posted on May 30 2005
A worker has given up on a labor complaint he had filed against his former employer, after the case remained pending with the Department of Labor for seven years.
The Labor Department dismissed last week the labor complaint filed by Md. Nasrul H. Bhuiyan upon the worker’s request. The department also granted the nonresident authorization to transfer to a new employer.
Records showed that Bhuiyan was one of several employees who filed labor cases against Nelia Lozano in 1998. The workers accused Lozano, who owned Seiko Employment Services, of failure to provide work and claimed for unpaid wages.
The case, however, has been pending for years. Recently, Bhuiyan decided to dismiss his claim and obtain transfer relief.
At the hearing, the department noted that Lozano had never alleged any violation of law against Bhuiyan. The department also recommended that the worker’s request be granted.
Labor hearing officer Jerry Cody said it was explained to Bhuiyan that he was not required to dismiss the labor case in order to obtain a transfer. But Bhuiyan maintained that he still wished to dismiss his case.
Bhuiyan is currently working for Carrie Camacho-Sali as security guard under a temporary work authorization that is scheduled to expire on June 2, 2005.
The TWA cannot be renewed. But Bhuiyan may start working for Camacho-Sali under a one-year nonresident worker permit as soon as the employer files a transfer application for the worker, Cody said.
“Complainant is ordered to stop working for his current TWA employer, Carrie Camacho-Sali, at the expiration of the existing TWA, and until the department approves a conditional grant of transfer for complainant to work for this employer,” Cody added.
