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Labor denies employment for worker
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Posted on Sep 29 2005
The Department of Labor denied an appeal by a Saipan company to approve the hiring of an off-island alien worker, who allegedly misrepresented his work history that formed part of the employment application.
Labor hearing officer Jerry Cody noted that worker Jin Zhe Shan represented in an affidavit notarized in China that he worked as construction worker in that country from August 2003 to December 2003.
Immigration records showed, though, that Jin worked in the CNMI from 1999 to 2003 and left the Commonwealth on Dec. 28, 2003.
“Jin Zhe Shan could not possibly have worked in China and lived [on] Saipan at the same time,” Cody said.
While the department testified in favor of the accuracy of immigration records, Cody said the worker’s prospective employer, Mu Sung Corp., gave no explanation about the discrepancy between Jin’s work history and immigrations records.
“The department has a legitimate interest in compelling workers to provide correct and truthful information in connection with the permitting process,” Cody said.
Cody affirmed the Labor director’s earlier decision to deny the company’s application to hire Jin as construction worker. But the hearing officer added, however, that the company could submit another application to hire Jin as aluminum fabricator, instead of construction worker. Cody also said Jin should submit a letter explaining the conflicting facts regarding his work history.
In an administrative order, Cody noted that the company filed the application with the Labor Department last July. The Labor director denied the application on Aug. 10, 2005 due to the alleged misrepresentation in Jin’s work history.
