The complaint was filed by Maria Cristina B. Cabrera against Lisa P. Sablan, proprietor of Sablan’s Topline Cleaning Agency.
Cabrera is asking the court to grant her relief — lost wages for one year of employment at the contractual rate, liquidated damages, pre-judgment interest on damages, incidental and consequential damages, costs, attorney’s fees, punitive damages and other relief.
Cabrera’s lawyer William M. Fitzgerald, in the complaint, said Cabrera was employed by Zhong Ming Corp. through a one-year contract which expired on Dec. 26,2 001.
The complaint stated that on Jan. 21, 2002, Cabrera entered into another contract with the defendant where it was provided that she would work 40 hours a week at an hourly wage of $3.05.
The defendant told Cabrera she would submit the requirements to the Division of Labor for processing on Feb. 5, 2002, a period which was still within the 45-day period from the expiration of Cabrera’s contract, the complaint stated.
It added that the defendant did not submit Cabrera’s papers to the Department of Labor until March 7, 2002.
By this time, the 45-day period had passed and Labor did not approve the contract.
The complaint stated that because of the defendant’s failure to submit the requirements to Labor for processing on time, the plaintiff was unable to work and earn wages.
She filed five causes of action against the defendant, the first of which is breach of contract.
She said has been damaged in the amount she should have earned had the contract been performed.
The second cause of action is a breach of the Nonresident Workers Act which should entitle here to recover from the defendant an equal additional amount as liquidated damages, the complaint stated.
The plaintiff is also suing the defendant for negligence, because the defendant “owed a duty of care to her by taking all reasonable steps to obtain the Labor office’s approval of the contract.”
The plaintiff is also suing the defendant for fraud because she was told that the requirements were submitted to Labor when the defendant had not done so, and because of these false representations she did not seek other employment within the allowable 45-day transfer period, the complaint stated.
The plaintiff said because of the promises and representations made by the defendant, she is entitled to equitable relief.
The defendant is given 20 days to file her answer in writing to the Superior Court.
