Indentured
in America
(page 2 of 2)
By Walter F. Roche Jr., Sun Staff; and Willoughby Mariano, Orlando
Sentinel
In the Marshall Islands,
Larry Muller oversees a merchant marine training program for the
government when he is not recruiting for an American firm, DeMichele
Et Al. Inc. of Naples, Fla. When his partner, Dennis DeMichele,
visited the capital, Majuro, 18 months ago, Muller was able to set
up a meeting with the country's president, Kessai Hesa Note, to
discuss their worker recruiting program.
The islanders
learn of the programs through word of mouth, signs posted at stores,
short-wave radio, classroom announcements, and informational sessions
conducted by recruiters at libraries and other meeting places. In
one instance, human resources officials from SeaWorld traveled to
Pohnpei to show islanders recruitment videos and interview prospective
workers.
The stories
told by islanders lured to America are remarkably similar - set
against the looming threat of legal action if they protest or try
to flee.
'Starving'
in America
Gloria Likiche
(pronounced "le quiche") was attending a health worker
training program in Micronesia four years ago when a teacher told
the class of an opportunity to go to the United States and be trained
as a nurse.
She soon signed
up with Guardian Solutions, a Finn company operating out of Bonita
Springs, Fla.
"It will
be good," she thought, better than life on Weno, the main isle
in Chuuk Lagoon, seven square miles steeped in poverty and choked
with trash and rusting cars.
She expected
to join an educational program that would lead to a registered nurse's
diploma, she said. Instead, she and fellow recruits from Micronesia
- Delma Pitiol, Margareth Siales and Patsipa Gray - found themselves
working as nursing assistants at Ashburn Health Care in rural Georgia,
about 80 miles south of Macon, poorly paid and miles from the nearest
grocery store.
"We were
boiling rice and vinegar and salt," Likiche recalled. "It
didn't taste very good, but we had to eat. We had no choice."
Linda Likiche,
in an interview on her home island, said her daughter wrote that
she was "starving to death."
Anthony Likiche,
a technician for the local phone company, said he did not understand
how his daughter and her friends could starve in the United States.
"I sent them a case of biscuits - imagine that - when they
asked us to send them because they're hungry."
For Gloria Likiche
and the other recruits, the very idea of a nursing home was foreign.
There are no nursing homes in the islands, nor even such a term
in their native language. The elderly in the islands generally are
cared for at home as part of extended families.
Likiche said
she ran to the bathroom and vomited the first time she was assigned
to empty bedpans. Pitiol said their backs hurt constantly from lifting
patients from their beds and that she started smoking to take her
mind off her work.
But as disappointed
as they were with their jobs, their living conditions were worse.
At first, the nursing home placed them in an apartment building
a few miles away. They had never lived among strangers, said Gray,
who was wary of the neighbors.
Whether asking
for help at the grocery store, listening to criticism from bosses
at work, or hearing catcalls from strange men in passing cars, she
constantly sensed that Americans considered her inferior.
"It's like
they're looking down at us, and I hate that. I don't like to be
treated like that," said Gray. "I expected to be treated
here as an equal, but I wasn't."
After about
four months, nursing home officials told the four women they had
to find another place to live, saying that they were causing a commotion
and bothering other tenants, an accusation they deny. All they could
afford was a two-bedroom trailer in the woods for $400 a month.
It had no washing
machine, so they scrubbed their clothes in the bathtub. There was
no heat, so when the frost came, they slept on blankets on the kitchen
floor near the gas stove. They were afraid to sleep alone in the
remote locale.
Siales was so
afraid to be alone that she went to work eight hours early and waited
in the lounge until her shift began.
It was an hour's
walk each way to the nearest grocery, Likiche said, so they often
bought junk food at a gas station or ate at a nearby fast-food restaurant.
Eventually, they scraped up the money for a cheap used car, but
it was often in the shop for repairs.
"If I had
known what it was going to be like, I wouldn't have done it,"
said Siales, who lost 50 pounds after arriving in the United States.
Each of the
women said she continued to work at the nursing home because she
felt her honor was at stake. They saw quitting their jobs as akin
to dropping out of school. And, they said, a nursing home administrator
told them they had to work off debts, though they did not know for
what. Pitiol said recruiters told them that if they quit, they would
face legal problems.
"They said
we would go to court and jail," she said.
The four women
quit their jobs in January 2000, after a nursing home administrator
told them that they had repaid their debts. Likiche moved with Siales
and Pitiol to Charlotte, N.C., to be near relatives and friends.
Gray stayed with a fiance she met in Ashburn.
Michael Stewart,
the administrator at Ashburn Health Care, said he wasn't there when
the Micronesians worked at the nursing home. Stewart did not respond
to written questions about the employment of the Micronesians or
to subsequent phone calls.
Finn, the president
of Guardian Solutions - the firm that recruited Likiche - said he
could not explain why sums were withheld from her checks beyond
the usual deductions for taxes and Social Security.
However, contracts
signed with nursing homes by Finn's sister company, Medical Placement
Services Inc., called for nursing homes to advance his recruits
at least $400 to settle them in housing. That money would then be
repaid through payroll deductions.
Finn, who placed
Guardian into bankruptcy this year after a dispute with workers,
said he was not familiar with Likiche's case or the details of any
deductions from her checks.
Rail-thin and
chain-smoking, he spoke in a small conference room amid the din
in his office, which was being partitioned off because he could
no longer afford to rent the full space. When asked about Likiche,
he disappeared for a time into a back room, saying that he was checking
his files.
Likiche is now
an aide at a nursing home in North Carolina. The pay is better -
$8 an hour - and the increase is magnified because less money is
being deducted.
"I said,
'Wow! We see big money,'" Likiche said jokingly, recalling
her first paycheck there.
But her income
is still barely enough to make ends meet, and saving enough to pay
her way home is barely imaginable. It will take at least five years,
she estimates.
So, Likiche
remains stranded in the United States, living with regret and painful
memories.
"I'll always
remember," she said. "I'll always remember because I suffered
so much."
For two years,
Likiche - like thousands of others - was the helpless, frightened
pawn of those who traffic in human beings. Would she have made the
8,000-mile trip to the United States had she known what awaited
her?
"No!"
she declared.
A new
Kentucky home
Fubina Pillas,
like Likiche, was imported by Finn after listening to a recruiting
pitch by Johnny Hebel, his Micronesian partner.
Pillas, 27,
eldest child in a poor family of farmers, fishermen and handicraft
makers, grew up on the tiny island of Uman, a 30-minute boat ride
from Weno. She left her three children behind, believing that she
was headed to nursing school in the United States and would earn
money to send home.
When she arrived
in December 1998 with three other young Micronesians at Edgemont
Manor, a nursing home in Cynthiana, Ky., administrators showed the
women to their new home - a cramped efficiency apartment on the
bottom floor.
Jammed into
the room - designed to house a single occupant - were two bunk beds,
a small stove, a table and two chairs. They had no car or telephone.
They rarely received promised rides to run errands. And they were
not nursing students, but nursing assistants working for about $5.50
an hour.
Shifts lasted
up to 12 hours, said Pillas and Micronesian co-worker Cecilia May.
Pillas, a bit over 5 feet tall, strained to lift patients who needed
washing, changing and feeding. Her back often hurt so much that
she could not touch her toes.
On days off,
the women hid in their room, ignoring knocks at the door from administrators
ordering them to work.
"Even on
your day off, you have to do what you're told," Pillas recalls
a supervisor saying. "I told them that they treated me and
my friends like slaves."
Pillas left
the program about a year later, but did not have the money to return
home. She is now unemployed in Lexington, Ky.
"I wish
I'd stayed back home with my parents," said Pillas. "I
miss them. It's been four years."
Edgemont Manor
officials acknowledged housing three or four recruits in a small
apartment meant for a single person, but said they were doing recruits
a favor by charging no rent and letting them stay for months on
end. When they were short-staffed, supervisors did go downstairs,
knock on the door and ask them to work on days off.
But Jerry Jones,
the nursing home's administrator at the time, said Micronesians
refused because they did not like to work.
"They were
like children," he said. "They expected to be taken care
of and showed up with nothing. We had to advance them money so they
could shop and buy food."
Jones said the
nursing home employed 12 or 15 Micronesians, most of whom left soon
after they arrived.
"We just
thought we were getting a load of duds," he said.
Micronesian
recruits could not get a telephone because they lacked credit, and
nursing home officials refused to co-sign for one after receiving
bills for thousands of dollars for workers' calls home on office
phones. The recruits said they did not know they were running up
such bills. Ultimately, the nursing home deducted the cost from
their wages, recruits and officials said.
By no means
could this be called slavery, Jones said, especially after officials
gave them furniture and free housing. He said it wasn't his problem
if recruits were led to believe they were going to nursing school.
"That's
between them and the company that brought them," he said.
Painful
deductions
Albert Zarred,
a former recruit from Pohnpei, displayed a pile of 30 check stubs
he has saved in a yellow envelope, documenting roughly a year spent
in a janitorial job at Universal Studios in Orlando.
According to
a typical check stub from December 2000, Zarred worked 31 hours
a week at $6.40 an hour, but took home just $86.93 after deductions.
Ninety-five dollars went to Bencivenga's North Pacific Trading Co.,
which had promised to take care of Zarred's every need.
Zarred had little
choice. He and other Micronesians would have faced a daunting task
of finding lodging on their own and arranging transportation to
work or the supermarket. They had no credit history, no driver's
license, no car, no money.
Home became
a cot in an apartment shared by seven recruits. They depended on
the recruiting firm for transportation, but it arrived sporadically,
Zarred said.
The contract
he signed showed that he was charged $10 a month for a hot line
to call the recruiter in such instances, but Zarred never used it
and wasn't certain what it was. He was charged $4 a month for Internet
service he never used, $12 for a doctor he never saw and $25 for
a maintenance fee, according to a copy of a co-worker's contract
he copied by hand.
What money remained
was too little to save for a car or the security deposit on an apartment,
Micronesian workers said. At the end of their one-year contracts,
North Pacific offered them a chance to sign up for another year,
but it didn't offer them a return ticket home.
The
irresistible pitch
Another recruit,
Penelope Hainrick, had been a high school tutor in Pohnpei, earning
$5 an hour, a good salary on the island. She had lived with her
parents and never paid rent.
But North Pacific's
pitch was irresistible: The recruiter promised she would have an
apartment, paid utilities, health insurance and Web TV.
"It was
really good," she said. "Just too good."
When she landed
at SeaWorld in 1998, Hainrick found herself crowded into a tiny
Orlando apartment with four adult strangers.
After North
Pacific deducted $85 from her paycheck each week for housing and
other expenses, there was little or nothing to send home to her
parents and 5-year-old son. She and other recruits said they had
to pay North Pacific's van driver $1 per person each way to take
them to work. It was $5 each way to go to the grocery store. And
she was charged for utilities.
Hainrick married
a co-worker from American Samoa, became pregnant and began suffering
from potassium deficiency. Too weak to work, she worried that the
health insurance North Pacific offered would not cover her fully.
She tried to work the required 32 hours to keep the superior insurance
provided by SeaWorld, but sometimes would faint at her food stand.
With no car to drive home, she sometimes slept in a closet, waiting
for her husband to get off work.
After completing
her contract, Hainrick moved out of company housing and told Bencivenga
she wanted the money she had been promised for a plane ticket home.
The standard
North Pacific contract mentions return airfare, but no promises
are made. "It is anticipated but not guaranteed," it says,
that North Pacific would "accumulate $500 by the end of the
employment contract for use toward the purchase of a ticket for
client to fly from Orlando to Micronesia."
"I said
I wanted a copy of my contract, I want the money. I want the whole
thing," Hainrick said. "I never got it."
She has a son
now and tries not to think about the year she spent with North Pacific.
But she expresses concern about those she left behind.
"Bencivenga
says now [that] if people flee from the program, the ones left will
pay for their mistakes," she said. "Those are his words."
Lawsuits
and threats
If workers leave
assignments to seek more lucrative employment, they risk being taken
to court and having their paychecks on their next job attached.
Not all recruiting companies carry through on their threats, but
some, notably North Pacific, are quick to go to court.
Olfer "Oliver"
Repid and his wife, Malinda Daniel, both North Pacific recruits
hired by SeaWorld, were sued in Osceola County Circuit Court when
they tried to escape their contracts with Bencivenga.
The broker's
partner in Micronesia, Hubert Yamada, dunned Daniel's elderly mother,
Isako Wisiel, threatening that her daughter could wind up in jail,
the women said.
"Whatever
the technicalities are, we have to do what we can to recoup our
expenses," Yamada said.
Now, the couple
is paying the price. To settle the lawsuit, they agreed to pay $5,100,
including $375 to reimburse Bencivenga for the cost of hiring a
lawyer. The debt is being paid at the rate of $250 a month, an amount
the couple struggles to scrape together.
They spent a
considerable amount for international telephone calls to a Legal
Services lawyer in Pohnpei, who told them how to file briefs challenging
the suit. They did so, asserting that they had signed documents
in Micronesia that were not binding in the United States.
But the legal
struggle was too daunting and they ended up settling.
"I don't
have the money to pay a lawyer," Repid said.
When Bencivenga
sued several other of his former recruits, their new employer, Mease
Hospital, hired a lawyer to represent them. Bencivenga also sued
the hospital, arguing that North Pacific was "substantially
damaged" when Micronesians he had signed to "exclusive
client-agent agreements" were recruited to work at Mease.
The hospital,
in Dunedin north of Tampa on Florida's Gulf Coast, had recruited
dozens of Micronesians to work as nursing assistants and in its
dietary department, some from North Pacific and others by direct
recruiting in Micronesia.
The hospital's
response to the lawsuits contended that the contracts signed by
the Micronesians are not legally binding in the United States because
they are contrary to public policy. The lawsuits are pending.
Arkat Harrison
Panuel, who was recruited by North Pacific in 1999 and later sued
by Bencivenga, said he left his $6.70 an hour job at Busch Gardens
for a job at Mease because North Pacific was deducting nearly half
his biweekly paycheck for various fees.
"It was
not what they promised," Panuel said.
Bonds
of convenience
While some recruiters,
such as Bencivenga, cling to their income-producing workers, the
bond is easily broken when convenient.
Sicky Shim,
42, a former high school librarian from Micronesia, journeyed to
Bay Minette, Ala., where he went to work in July 2000 as a nursing
assistant at William F. Green Veterans Home. A sign at the facility
proclaims, "Proudly serving America's finest."
The Pohnpei
native had lost his job at the school, worked for a time at a hotel
in Hawaii, returned home and applied for a librarian's post, then
signed with a recruiter after failing to get the job.
Shim was among
a half-dozen Micronesian recruits sharing a narrow, three-room mobile
home that sits rusting in a trailer park across the Styx River,
three miles from the veterans home.
That December,
Shim and other Micronesians moved to another trailer park closer
to work. Five people lived in the yellow-and-white, two-room trailer
- its windows wedged shut with wood slats.
Shim's long
journey in search of opportunity would end just a few weeks later.
Early on the morning of Jan. 28, he and his girlfriend of four months,
Airlene Stanley, were shot to death by her ex-husband, who would
later plead guilty to murder and be sentenced to life in prison.
Within days
of the killings, the other Micronesians working at the veterans
home "just up and left," said Oscar Dumas, 76, a longtime
resident.
A forgotten
wallet belonging to one of them was turned in to the trailer park
manager. Inside is an identification card and two pictures. One
shows a smiling young couple standing before a familiar Pohnpei
mountain.
For three months,
Shim's body lay on a slab at Baldwin Chapel, a Bay Minette funeral
home. His family, thousands of miles away, could not afford to ship
his body home. No one else would take responsibility.
Glenn B. Jano,
the island broker who recruited Shim, said he had had no contact
with his recruits since they went to America.
"After
they left here, I don't know what happened to them," Jano said.
"I don't have any connection with the employer. I'm really
sorry, but what can we do?"
Officials at
the veterans home where Shim and Stanley worked referred questions
to U.S.A. Healthcare, which runs the facility for the state. Company
officials refused to respond to requests for information about how
Shim was recruited and brought to the United States.
In late April,
with no other choice, officials at the Micronesian Embassy in Washington
provided money to send Shim's body home.
"Everybody
just walked away," said Tanya Harris, the embassy's first secretary.
Copyright
© 2002, The Baltimore Sun
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