By Cherrie Anne E. Villahermosa
Variety News Staff

A FORMER customs agent has sued the Department of Finance and a former secretary of finance for wrongful termination, claming that his firing was retaliation for the discrimination complaint he filed with the U.S. Equal Employment Opportunity Commission.
Manuel T. Vilaga, through his lawyer Michael W. Dotts, filed a complaint of wrongful termination, violation of civil rights under the CNMI Constitution, breach of contract, intentional infliction of emotional distress, negligent infliction of emotional distress and violation of Title VII against the Department of Finance and Fermin M. Atalig in his official capacity as the secretary of finance.
Vilaga, in an interview yesterday, said he sued the department for failing to comply with the agreement that he and Finance signed in 2005.
Vilaga was charged with bribery, theft by deception and extortion in Nov. 2004.
In Jan. 2005, Vilaga said he and Finance entered into a agreement which stated: “In the event charges are dismissed or you are found not guilty in the aforementioned criminal case, you will be reinstated with benefits and pay retroactive to the date of suspension.”
The agreement was signed by then-Finance Secretary Fermin Atalig and approved by then-Attorney General Pamela S. Brown.
On Aug. 2, 2005, the Superior Court dismissed all criminal charges with prejudice against Vilaga.
But Finance terminated Vilaga’s employment on Oct. 17, 2005.
The termination took effect a week later.
Vilaga said he was terminated for filing a discrimination action against the Division of Customs, which is under Finance.
“I suffered enough and I’m still suffering now. I was put in jail even though I was innocent of the charges. The director’s Office of the Division of Customs, the Compliance and Information Technology Section, the Customs Investigative Unit and the Attorney General Investigative Unit — they all connived to put me in jail. They set me up. I was framed because they wanted to get back at me for filing a complaint with the EEOC against the Division of Customs,”Vilaga said yesterday.
Vilaga said it all started when he got involved in a petition letter against an administrative officer, Bernadita Aldan.
“They wanted to get back at me so they framed me. When I proved my innocence, instead of reinstating me, they terminated me. We had an agreement and they breached that agreement,” Vilaga said.
He added: “Even my backpay — they did not give the entire amount, they just paid me $5,300. For three years? That’s all I got for working with the department for three years.”
Vilaga said he has remained jobless since his case was dismissed.
“I can’t find a job because they have my name blacklisted. Why? This is so unfair. I didn’t do anything bad. I was just fighting for what I believed was my right so why do I have to suffer from this unfair treatment? Even the media, they have been unfair to me. When I was arrested, I was on the news, I was on TV daily but when the case was dismissed, it wasn’t covered. No article to clear my name came out. Only the Variety did that but the treatment was nothing compared to story about my arrest,” Vilaga said.
Vilaga is seeking general, consequential and compensatory damages to include back pay and front pay in amounts to be proven at trial; reinstatement to a position within the Department of Finance commensurate with that which he formerly held and with similar pay and benefits; a permanent injunction enjoining the defendants, its officers and successors from engaging in harassment based on national origin and age, and any other employment practice which discriminates on the basis of national origin and age.
Vilaga began working as an administrative assistant at the Division of Customs on June 26, 2000. He later became customs inspector 1.
Vilaga received exceptional performance ratings for three consecutive years while serving as a compliance officer. He was authorized to make collections outside the customs office.
Vilaga filed a discrimination complaint against the Division of Customs on March 2004 with the EEOC.
The complaint stated that Vilaga, on information and belief, was placed under surveillance while performing his job in field collections in retaliation for the filing of the EEOC case.
On Aug. 16, 2004, Vilaga was arrested during an entrapment operation while engage in the field collection of excise tax. He was suspended for three days.
On Nov. 8, 2004, he was again arrested and was jailed for four days. Vilaga posted $10,000 in bail.
When the case was dismissed and he was terminated by the Department of Finance, Vilaga appealed the decision to the Civil Service Commission on Oct. 26, 2005.
Vilaga said it his been over a year since he filed his appeal but no action has been taken.