Employee files $1.1M suit vs NMPASI for termination

A long-time employee of the Northern Marianas Protection and Advocacy Systems Inc. filed yesterday a $1.1 million lawsuit against NMPSI and its executive director, Juanita S. Malone, over his alleged improper termination.

Gilbert R. Morales sued NMPASI, Malone, and five unnamed co-defendants for breach of employment contract, breach of covenant of good faith and fair dealing, fraudulent misrepresentation, and unlawful interference with contract.

Morales, through lawyer Robert T. Torres, asked the U.S. District Court for the NMI to pay him $1 million in punitive damages and $100,000 in compensatory and special damages. He also demanded attorney’s fees and court costs.

Torres said Morales, a Filipino, had been employed with NMPASI since 1997. Morales was initially hired as an accountant and then subsequently his position description was changed to Fiscal Officer. Prior to his termination on Oct. 13, 2006, Morales was employed on a nonresident worker contract as the fiscal officer for NMPASI.

Morales’ contract, approved by the Department of Labor, was as a fiscal officer, a professional position. His current contract is due to expire by its terms in October 2007, Torres said.

The lawyer said that in requesting renewal of his employment contract, NMPASI, through its former executive director Lydia Barcinas, asked for a waiver of the Job Vacancy Announcement for the position of fiscal officer.

Labor, however, required that NMPASI post the JVA with the Northern Marianas College; the Public School System, the Office of Vocational Rehabilitation; and the Workforce Investment Agency, in order to attract resident applicants.

In requesting a waiver, NMPASI described its activities, its funding or compliance, requirements, and Morales’ duties as the fiscal officer. In so doing, Torres said, NMPASI promised Morales employment for two years.

In response to the JVA, NMPASI reported to the Labor Director of Employment Services that three resident applicants had applied for and sought the announced position. Two applicants were interviewed.

Torres said NMPASI, however, felt that the two resident workers’ qualifications did not match the opening for Fiscal Officer. NMPASI asked that Morales’ contract be renewed and provided a justification for renewal of a nonresident worker.

The lawyer said that on Nov. 7, 2005, the director of Employment and Training Services granted NMPASI’s request for a waiver of the JVA as justified and as requested by the agency to retain Morales. As a result, Torres said, Morales’ employment as fiscal officer was renewed for a two-year period to end on Oct. 28, 2007.

Torres said that on Sept. 29, 2006, Malone issued a memorandum that directed Morales to train a junior accountant and that his employment was to end on Nov. 3, 2006.

Prior to Morales’ termination, NMPASI hired a Saipan resident as a junior accountant. The resident, however, resigned or was terminated by NMPASI, Torres said.

Subsequently, he said, Janet Taitano Arroyo was then hired as the junior accountant. After Arroyo’s hiring, Malone directed Morales to train her “to assume the fiscal officer position.”

“Not only had Morales never agreed to be contracted to train anyone, but he never agreed to terminate his employment contract with NMPASI,” Torres asserted.

He said that NMPASI and Malone issued another memorandum on Oct. 13, 2006, that terminated Morales on the same day.

As grounds, Malone and NMPASI charged Morales with being slow in training; neglecting his duties, and failing to back up records.