Maria C. Del Pozo told Labor that M.E.R.V. Inc., which did business as Pacific Rim Academy, engaged in unlawful discrimination by terminating her because she was pregnant at that time.
But the Division of the Administrative Hearing Office said it was able to confirm that when Pacific Rim Academy ceased its operations in Aug. 2005, all its four nonresident workers lost their jobs.
“The…complainant’s termination was properly based on economic reasons and not based on discrimination by gender,” Hearing Office Jerry Cody said in his order.
The complainant is not entitled to damages, Cody added.
Pozo said her employer granting her only 15 days to transfer from the date she was terminated.
She asked Labor to order her employer to pay the medical bills she incurred at the Marianas Medical Center.
Cody said the employer was mistaken in stating in its termination letter that Pozo had only 15 days to transfer.
“Under standard department policy and practice in effect in 2005 for business closures, the [Labor] director would have requested and the hearing office would have granted 45 days transfer to workers whose contracts were cancelled or terminated due to closure of a business,” he said.
In an order dated Oct. 24, Cody said Pozo was justified in filing the case to clarify her transfer rights so that Labor can grant her one final opportunity to transfer to another employer.
Pozo was ordered to register with the Division of Employment Services and Training within seven days of the date of issuance of the order.
If Pozo fails to have a transfer application filed within 30 days period, she will be required to depart from the CNMI.
Regarding her medical coverage, the hearing officer said the employer or its surety, Equitable Insurance Co. Inc., is liable for $1,849 in medical coverage, and that $564.09 of that amount should be reimbursed to Pozo while $1,284.95 should be paid directly to the Marianas Medical Center.
