Acting Labor Secretary Jacinta M. Kaipat was named respondent in the civil action filed by Eva Moses in Superior Court.
Attorney Stephen C. Woodruff represents Moses.
Moses wants the Labor decision to “be vacated as not lawfully issued and hence null and void, and without any legal force or effect whatsoever.”
Moses has applied for a 30-day transfer process.
An employer hired her but later decided not to because the company “has enough workers now.”
Moses was granted one final opportunity to find another employer in April, but failed to do so. On May 17, 2009, a Labor administrative order was issued denying Moses’s request for extension.
Woodruff argued that “the position of ‘acting secretary of Labor’ does not exist in commonwealth law.”
No appointment of someone to such a position can lawfully made, he added.
