Bright Kim, owner of Kim’s restaurant, was charged with unlawful termination of an employee, excessive recovery of work permit and medical fees from an employee, failure to permit non-resident worker one day off per work and unlawful recovery of Foreign Investment Board non-resident worker fee from an employee.
Kim appeared for arraignment on Tuesday with counsel Siegfried B. Nakamura and denied his charges.
Kim was released from custody after posting $500 surety bond. His next hearing is set for November 23 at 9 am in Koror.
The businessman was charged for the illegal termination of one of his employee Jocelyn Esparas, a non-resident worker sometime this year.
The information filed in court by Assistant Attorney General Ronald Ledgerwood stated that Kim unlawfully withholds more than the maximum 50percent of work permit and medical fees from Esparas sometime in June.
The document further stated that Kim did not permit Esparas the one day off per week to which she was entitled and the businessman did unlawfully recover FIB non-resident worker fee from Esparas.
The affidavit of probable cause filed in court stated that Esparas was brought to Palau by Kim to work as waitress in his restaurant.
Esparas was terminated on June 8, 2009 when she protested these illegal excessive fees. She filed a civil action against Kim and was represented by Susan Kenney Pfalzer of the Micronesian Legal Services.
The document stated that Judge Honora Rudimch awarded Esparas damages following findings of fact under a preponderance of evidence that from June 2008 to June 2009 Kim deducted $33 per month for permit fees and $41 per month for FIB non-resident worker fee.
The document added that Esparas filed a claim at the Labor Division but the claim had not been upheld.
Judge Rudimch ruled that the unlawful excessive withholding of fees-these actions are also criminal violations of the Labor code.
The document further stated that Kim maintained this practice for his other workers but the workers chose not to complain for fear of being terminated.
The matter was forwarded to the Bureau of Public Safety for criminal disposition.
