Feng Kangni and Li Yuanfu were managing An Da International Corp., which owned an auto repair shop.
Labor Hearing Officer Herbert D. Soll said the two are subject for deportation.
Soll said after Feng failed to find a new employment, she manipulated the system to give her a de facto ownership interest in An Da International Corp.
“She ran An Da as though she was the owner of the business, although her status as a nonresident worker would not allow her to have ownership of a business in the commonwealth,” Soll said.
Soll said Li collaborated with Feng in assuming the position of a person authorized to conduct a business in commonwealth.
He said An Da allowed Feng and Li to run their own business without holding the appropriate permit to conduct business here as foreign nationals.
This illegal activity was discovered after their auto body repairman Edilberto C. Alvaro filed a complaint with Labor.
In his complaint, Alvaro said he was not getting his salary because of his employer’s mismanagement and the illegal activities by corporate employees.
Labor’s investigation showed that Alvaro had no fault when the business was closed after his supervisor was charged with crimes.
Soll said Alvaro is entitled to receive wages of $2,032.50 through the date of final denial of his contract in Aug. 2008.
He said Alvaro is entitled to transfer to a new employer but if he is unable to find one, he should return to Labor for the arrangement of his repatriation.
Feng and Li, on the other hand, are permanently disqualified from employment in the commonwealth.
They were ordered to pay $2,000 for their gross violation of the Nonresident Workers Act and Public Law 15-108.
Soll said local residents Jinglu Cabrera and Frank Edboi, who engaged in practices that allowed Feng and Li to maintain An Da, are disqualified for two years from employing foreign workers.
Soll said there was no financial gain on the part of the local residents and they may have been innocent of any willful wrongdoing.
But, he added, they also have a responsibility to understand the legal implications of their actions.
