Guest worker files $290K suit vs former employer

Byung Joon Choi, through his lawyer Stephen C. Woodruff, filed the complaint against Jung A Enterprise, Soi-in Corp., Pacific Saipan LLC, and Jung Ja Kim.

Byung Joon Choi is asking the court to award him relief amounting to $293,741.54, plus all other damages, costs of suit, attorney’s fees, lost earnings, lost employment benefits, liquidated damages and other relief.

In his complaint, the plaintiff said  he was hired as a supervisor or general manager by the defendants from Feb. 2, 2005 to March 26, 2008 at a rate of $1,800 a month for a 40-hour work week, and an overtime pay of 1.5 percent of the regular rate.

He said he worked for more than 16 hours a day, seven days a week but the defendant failed to keep a full record of his work hours, and refused to pay him for overtime work.

The plaintiff said he was assigned from one establishment to another within the time he worked for his employer. During the course of his employment, the plaintiff said he acquired a sign arts business where he put up with over $40,000 capital and which he operated outside his regular work.

He added that on June 28, 2008, the defendant terminated his employment, compelled him to give up his key to his sign arts business and told him to stay away from the company.

The plaintiff said he was paid irregularly through cash, never by check, and he worked longer hours than what was in the contract. He said he was wrongfully terminated from employment on March 26, 2008.

He has filed six causes of action against the defendants which include claims for unpaid overtime compensation amounting to $81,000 for all the excess hours beyond the 40 hours of work each week plus other costs of suit under the Fair Labor Salary Act; unpaid overtime compensation of $53,941.54 for unpaid regular compensation; and $81,000 under the Minimum Wage and Hour Act.

He is also filing a cause of suit for breach of contract, breach of implied covenant of good faith and fair dealing, conversion, and constructive trust.

The defendant operates a chain of poker parlors, laundromats and other businesses on Saipan, Tinian and Rota.

 

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