Labor says nonresident worker is ‘out of status’

Crispin M. Macanas, who worked at  JM’s Nursery, has no transfer rights and is now subject to deportation, Labor said.

The administrative order issued by Hearing Officer Herbert D. Soll stated that Macanas’s employer sought the assistance of Labor on Jan. 3, 2009 to determine the present status of its employee.

Macanas left his employment on Jan. 8, 2009 and took his personal belongings from the barracks.

From that date, Macanas had not been seen or heard despite efforts to locate him.

Macanas did not appear at the hearing although he was served by publication, Soll said.

Ramon Guerrero, who represented JM’s Nursery, and the company’s accountant Maria Elena Borlongan, testified that Macanas did not claim three paychecks for his final pay and termination compensation.

Soll said JM Nursery still owes Macanas $357.52 for his final pay and has submitted checks that will be kept by Labor until such time as the worker is found.

Labor has submitted the case of Macanas to the Attorney General’s Office and the Division of Immigration for further action.

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