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Worker allowed to find new job
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Posted on Jun 10 2005
The Department of Labor has granted a 45-day transfer period to a former employee of the defunct garment company NET Corp.
This came as Labor hearing officer Herbert Soll affirmed a Division of Labor decision to deny the application for temporary work authorization filed by Rifu Apparel Corp. on behalf of worker Jin Songyu.
The division denied the application due to a problem encountered in a renewal application filed by Jin’s former employer, NET Corp.
In a June 9 administrative order, Soll noted that Jin had been working for NET Corp. as a sewing machine operator. In due course, a renewal contract application was submitted in 2004.
Soll said the application complied with all labor requirements, but was denied when Labor heard about the deteriorating status of the employer.
“Meanwhile, the employee went about her work on a daily basis apparently unaware of the difficulty that the company had encountered in renewing her permit,” Soll said.
NET Corp.’s financial problems eventually led to a labor hearing, which resulted in all employees being given the right to find temporary employment pending transfer.
Soll said that, although she did not have a valid permit, Jin went along with her fellow workers, who had valid permits with NET Corp., in seeking temporary employment.
The hearing officer concluded that the Labor Division’s decision was legally correct.
However, he noted that Jin should not be penalized, as she was not at fault in the matter.
“[The] employee should be granted a period of 45 days in which to file an application for a new contract with a qualified employer,” Soll said. (Agnes E. Donato)
