Jingzhu Cui will receive $4,944.66 for his 1,213 hours of work from June to December 2008 from Xuan Corp.
However, because Cui decided not to seek transfer, the Department of Labor ordered his employer or bonding company to provide the airline ticket for his repatriation.
Hearing Officer Jerry Cody permanently barred Xuan Corp., Xuan Haojun and Kwon Soon Young from hiring foreign national workers in the commonwealth.
In his order dated April 14, Cody also ordered Xuan Corp. to pay the unpaid $33,334.27 in medical expenses incurred by Cui during his employment.
Cui worked for Xuan Corp. from Jan. 2008 until March 2008 when he was assaulted during off-hours.
He was hospitalized at the Commonwealth Health Center for a head injury from March until May 15, 2008.
Cui said after he was released from the hospital, his employer no longer provided him with work which is in violation of his contract.
On Sept. 10, 2008 Cui filed a labor complaint against his employer for breach of contract by failing to provide him with work from June to Dec. 2008.
Cui said the company tried to force him to resign in violation of the contract
Cody said Xuan Corp., Xuan Haojun and Kwon Soon Young failed to appear in the hearing despite being served with notice by mail.
During the investigation, Labor found out that Xuan Guanzhe was a de facto employer and should be held liable for the employer’s failure to pay wages.
However, Xuan appeared in the hearing and gave credible testimony that he was only an employee of the company.
Cody said Xuan was dismissed from the case.
