Jerry Cody, administrative hearing officer at the Department of Labor, said the case that Keith Lampkin filed against the respondent, CNMI Cablevision, was frivolous.
“Judgment is entered in favor of respondent CNMI Cablevision LLC on all claims and allegations, except as to claim no. 1, which was dismissed from this case. Respondent is hereby awarded its reasonable attorney’s fees incurred in defending this case, in an amount to be determined upon review of a detailed declaration of attorney’s fees…within 15 calendar days of the date of the issuance of this order,” Cody wrote in his order.
According to documents, Lampkin worked as a dispatcher for CNMI Cablevision from July 23, 2009 to Oct. 14, 2010.
On Oct. 14, 2010, his supervisor, Mark Birmingham, told Lampkin, who was then paid the CNMI hourly minimum wage rate of $5.55, that he had been replaced.
Lampkin filed a complaint with Labor, citing eight claims, including termination without cause and employer’s alleged failure to raise his salary to $6 an hour.
During the investigation, it was determined that Lampkin failed to report for work after he was arrested on Guam and spent two weeks in jail there.
The documents did not state the reason for his arrest.
“Employee flew to Guam for medical treatment but was arrested at the Guam airport and incarcerated on Guam for about two weeks. Employer did not receive any information about employee for more than two weeks,” Cody said.
“When the employee failed to return to work, employer attempted to locate him by contacting his wife and friend, but neither of them had information regarding employee’s whereabouts. Not knowing when employee would return, employer made a decision to terminate his employment and replace him with a co-worker,” he added.
The hearing officer said the termination wasn’t unjust and without cause as it constituted job abandonment.
As for the employer’s failure to give him a raise, Cody said there is no written contractual promise proving such was actually made to Lampkin.
“In conclusion, employee has failed to meet his burden to prove any of his asserted claims and the majority of the claims lack any merit whatsoever.
Judgment shall be entered in favor of respondent on all counts. Respondent seeks an award of sanctions and attorney’s fees,” wrote Cody.
