Seiko M. Kirachky represented by the lawfirm of Berman O’Connor & Mann filed suit at the District Court of Guam against Marianas Hospitality Corp. on Oct. 19 2006 which does business as the Hyatt Regency Guam claiming he was illegally terminated on Dec. 2 2005.

According to court documents on Sept. 24 2004 eight people filed a complaint against the defendant then known as International Trading Network Ltd. which did business as the Hyatt Regency Guam; for failing to pay overtime wages. On Nov. 9 2004 Kirachky joined the action via a second amended complaint. The complaint stated that on Nov. 15 the overtime wage claims of all plaintiffs against the defendant were settled and the case was dismissed.

After that case was settled Kirachky continued to work for Marianas Hospitality Corp. as a team leader in the stewarding department.

The complaint said that prior to his termination "The plaintiff was working the night shift on Nov. 30 2005. His shift typically ended at 7:00 a.m. He made a request of his supervisor to leave work at 4:00 a.m. for the purpose of assisting his wife at the airport who had an early morning flight and a large amount of baggage to be checked. His supervisor however refused to give the plaintiff permission to leave work at 4:00 a.m."

Although Kirachky was not able to leave at 4 a.m. he understood that he was allowed to leave before 7 a.m. if his shift was completed. At 6:15 a.m. the work of his shift was completed at which time he left work.

When Kirachky reported to his next shift on Dec. 2 2005 he alleged he was told he was terminated for leaving work early and he was given his final paycheck. The complaint said Kirachky was an employee of the defendant from 1993 to the date of his termination. Prior to that he was an employee of the Hyatt organization on Saipan from 1982 until 1991. Documents stated that he always received satisfactory employment ratings.

Kirachky alleged that his "Previous complaint regarding the failure of the defendant to pay him overtime wages was a substantial factor … for … his termination in violation of Section 15(a)(3) of the Fair Labor Standards Act 29 U.S.C. §215(a)(3)."

He also claimed the defendant’s reason for discharging him was "pretextual and in bad faith" and as a result of his discharge he sustained a loss of wages and continues to do so.

The complaint also said "In addition the plaintiff suffered and will continue to suffer great emotional and mental distress resulting from the illegal termination of his employment for which he is entitled to be compensated."

Kirachky asked the court to enter a judgement in his favor for past lost wages and probable loss of future wages and compensation for emotional distress all doubled plus reasonable attorney fees and litigation plus pre-judgment interest as provided by law. As an alternative to a judgment for the probable loss of future wages he asked the court to order his reinstatement to his previous position.

Marianas Hospitality Corp. represented by the law firm Mair Mair Spade & Thompson; denied that Kirachky’s previous complaint regarding unpaid overtime wages was a factor in his termination and that its reason for discharging him was pretextual and in bad faith.

In defense Marianas Hospitality Corp. claimed the plaintiff failed to state a claim upon which relief may be granted and that his claims are barred in whole or in part.

Marianas Hospitality Corp. asked the court that Kirachky take nothing by this action and for an order and judgment denying all relief requested in the complaint.

A scheduling conference for the case was due to be held Jan. 17. MBJ