IMPERIAL Pacific International LLC has asked the federal court to dismiss with prejudice the lawsuit filed by its former site engineer who is alleging wrongful termination.
IPI denies the allegations in the lawsuit.
Rongkun Xiao, a U.S. citizen residing on Saipan, has sued IPI for wrongful termination and retaliation under the American Disabilities Act.
Represented by attorney Collin Thompson, Xiao is demanding a jury trial and has requested the court to issue an injunction directing IPI to pay the plaintiff with full back pay, benefits and reinstatement to a position he would have obtained in the absence of discrimination or, in the alternative, front pay.
The lawsuit also requested the court to issue an order awarding the plaintiff an undetermined amount of damages and future economic and non-economic losses.
The complaint likewise seeks an award to the plaintiff for reasonable attorney’s fees and costs, including but not limited to expert witness fees.
IPI, through attorney Joey San Nicolas, has asked the District Court for the NMI to dismiss with prejudice the claims of Xiao.
San Nicolas also requested the court to issue an order in favor of IPI for costs of suit and other fees; and for other relief.
As part of its affirmative defenses, IPI stated that the plaintiff failed to state a claim upon which relief could be granted.
According to the lawsuit, Xiao worked as a site engineer at the IPI hotel and casino project in Garapan.
In November 2018, the lawsuit stated that Xiao severely injured his spine causing paralysis. He suffered a permanent disability and now relies on a wheelchair for mobility.
In January 2020, Xiao requested accommodation from IPI based on the recommendation of his doctors.
“IPI refused to provide any accommodation,” his lawsuit stated. “Rather than provide accommodation, IPI retaliated against Mr. Xiao because of his disability by offering a ‘take it or leave it’ demotion. The demotion included a salary reduced to less than half his previous pay. Mr. Xiao did not accept IPI’s proposal. IPI then targeted Mr. Xiao for termination. On March 30, 2020, in retaliation for requested accommodation and/or because of Mr. Xiao’s disability, IPI placed him on ‘furlough’ while hiring an able-bodied person to take his job. IPI abandoned Mr. Xiao and its obligations under federal law,” the lawsuit stated.
According to the complaint, Xiao was hired by IPI on or about March 17, 2016.
He is a qualified individual with a disability within the meaning of the Americans with Disabilities Act of 1990, the lawsuit added.
