Crispin M. Macanas, who worked at JM’s Nursery, went to the Labor office on May 22 and asked for reconsideration of the recent administrative order which declared him “out of status.”
But administrative hearing officer Barry Hirshbein said Macanas abused his work permit by continuing to rely upon its validity after ceasing his employment.
He said Macanas only came to Labor after learning that he was determined to be an overstayer.
In his order dated June 28, Hirshbein denied transfer relief and ordered Macanas to immediately report to Labor’s Enforcement Section for repatriation assistance.
Macanas’ working permit expired on June 6, 2009.
He told Labor that he was waiting for the expiration of his permit to seek transfer to a new employer.
But Hirshbein said Macanas failed to exercise due diligence in his case and was content to remain unemployed for almost five months without seeking assistance from the Department of Labor.
During the hearing, Macanas also gave conflicting testimony about his efforts to look for work from January to May 2009, Hirshbein said.
“He first testified that he did not look in January because he knew he did not have permission to transfer. He then testified that he looked in February and submitted applications to two employers. He stated that he did not look in March, April or May. He did look in June. He later testified that he looked for work during the entire period but did not submit any other application,” Hirshbein said.
When Macanas reported to the Labor office he also received his paychecks from Jan. 2009 that were being held by the administrative hearing office.
