Garment worker sues ex-employer for discrimination

Garment worker sues ex-employer for discrimination
Marianas Variety, Micronesia
By Cherrie Anne E. Villahermosa
Variety News Staff

A nonresident garment worker has sued his former employer for terminating his contract based on national origin.

Reynaldo L. Garcia, through attorney Stephen Woodruff filed a complaint against Poong In Saipan Inc., a garment manufacturer, in federal court last week.

Garcia’s complains cited Poong’s “discriminatory policies, practices and or procedures in discharging and hiring workers that deprived him of equal employment opportunities.”

He is wants to be awarded for punitive damages,  lost earnings, consequential damages, cost of suit and attorney’s fees.

Garcia, who is from Philippines, was hired by Poong as a maintenance mechanic sometime in 2004 and remained so employed pursuant to written contracts approved by the CNMI Department of Labor until his contract expired on July 9, 2014.

The complaint stated that during the plaintiff’s employment with defendant, he worked packer, mechanic and security guard.

He was last assigned as a packer.

According to his complaint, Poong freely shuffled, assigned and moved its workers from one work assignment to another, such as from sewer to packer and vice versa.

The complaint stated that Garcia performed his job in a satisfactory and exemplary manner and was even cited by the defendant’s resident manager for being “a well-rounded employee” who “has a very positive attitude” and one “who can speak fluently in different kinds of languages such as Chinese, English and Filipino.”

The complaint stated that despite the plaintiff’s “stellar work performance and exceptional qualifications,” Poong informed Garcia in writing on June 16, 2014, that his employment contract was not going to be renewed.

No reason was stated in the written notice.

Garcia asked the general manager why his contract was not renewed.

He said the general manager, Byung Bok Lee, told him that “there are too many people in the packing section.”

The complaint stated that at that time, Garcia was the only Filipino out of the more than 50 workers at the packing section, a majority of whom, if not all, were Chinese nationals.

The complaint stated that most, if not all, of the Chinese workers assigned at the packing section were renewed.

Garcia said after his discharge, Poong hired more workers from China.