Labor affirmed its earlier decision to deny the administrative order transfer application of Meros Corp. for its worker Macrino Q. Carreon.
On Feb. 25, Labor Director Barry Hirshbein denied the application based on a finding that the company’s financial assets did not support the hiring of Carreon as an air-conditioning technician.
During its investigation, Labor said it noted that Meros employed four workers — an accounting technician, a cook, a waitress and an air-conditioning technician.
But Meros corporate secretary Roberto Aguilar testified that their restaurant, Rathkie Restaurant, was open only on weekends due to “the very slow business.”
The cook and waitress have been working for 16 hours every week for many months, Aguilar said.
He admitted he did not manage the business.
Carreon said he was appointed by the corporation’s president who resides in Philippines to distribute salaries to their workers here.
This arrangement was not approved by the Department of Labor, Hearing Officer Jerry Cody said.
In his administrative order on July 21, Cody said Meros produced “extremely low” bank statements for the management of a business.
But during the hearing, there was a sudden infusion of cash — from $852 in April to $7,902 in May.
“The jump in bank assets within weeks of the scheduled hearing is suspect, particularly given the average balance of the bank assets within the past year,” Cody said.
He said the tax records appear to be false, given the testimony that the restaurant was mostly closed on weekdays.
Moreover, he added, the air-conditioning repair business does not generate sufficient income alone to support full-time wages for the entire Meros staff.
However, Cody granted Carreon a transfer relief and ordered him to register with the Division of Employment Services within seven days upon the issuance of the order.
Carreon may seek new employment within 30 days, but if he fails to have a transfer application within the given period he will be required to leave the commonwealth.
