Labor Hearing Officer Jerry Cody also ordered Jeon Sook Ja Kim to leave the CNMI no later than 30 days upon the issuance of the order on Sept. 26.
Kim holds a foreign national work permit as manager of Power Corp., an engraving business at DFS.
In February, Kim hired Nan Haiyan as a commercial cleaner to help her prepare the pendants that she was selling at DFS.
Kim testified that Haiyan would not be doing any actual engraving or selling pendants to customers.
But during the conclusion hearing, the Labor said Kim failed to establish the need for full-time employment of a commercial cleaner for her small business.
On April 9, Labor Director Barry Hirshbein happened to be at the DFS store and discovered that Haiyan worked as a sales person at Power Corp.’s engraving booth.
With this new information, an agency case against the corporation and Haiyan for unlawful employment was opened, Cody said.
During the hearing, Haiyan admitted she had lied under oath when she testified that she was not working for the company.
According to Cody, Haiyan explained that she had been told by the manager that she was allowed to begin working for the company.
“The manager also had told her to lie in the April 9th hearing by denying that she was already working for the company,” he said.
At the hearing, Kim admitted that she had also lied when she testified that Haiyan was not yet working.
Kim also admitted that she allowed Haiyan to work without a permit or authorization from Labor.
“The manager expressed great remorse at her conduct and asked that all sanctions be leveled against her and the company, rather than this worker, because Ms. Nan had followed the instruction of manager Kim,” Cody said in his order.
Cody ordered Haiyan to pay $500 in two installments basis due on Nov. 1 and Dec. 1, 2008.
The transfer provisions of the administrative order to Haiyan on April 9 are reinstated, except the deadline for her to register with the Division of Employment Services and Training which will be within seven days from Sept. 26.
Cody said if Haiyan fails to have an employer intent form filed on her behalf within the 15-day period, she will be required to depart from CNMI at the expense of Power Corp.
The manager, he said, is also barred for a one-year period from working in the CNMI. If Kim refused to depart from CNMI after a repatriation ticked is provided, her name will be forwarded to the Office of the Attorney General for deportation proceedings.
