Alefosio wrongful termination continues to be hard fought

Pago Pago, AMERICAN SAMOA — Leauma Ben Alefosio filed a civil suit in the US District Court in Honolulu against the American Samoa Government (ASG) on April 26, 2024. On May 7, 2024, Derrick K. Watson, Chief US District Judge responded with an Order To Show Cause Regarding Venue.

The civil suit is basically the same one he filed with the ASG Office of the Administrative Law Judge (ALJ) on May 14, 2021, which is still not resolved, as far as Alefosio is concerned.

According to Alefosio, his latest appeal to the US District Court in Honolulu is because on August 14, 2023, he appealed the "final decision" of the ALJ based on the collateral order doctrine and as defined by federal statute.

“After 8 months had lapsed”, he has appealed to the US District Court in Honolulu.

In an email, Alefosio told Samoa News that he will be filing his response to the Order to Show Cause… in the next few days and will meet the deadline.

The Order To Show Cause Regarding Venue specifically points out that “Alefosio worked in American Samoa, he was allegedly terminated from his job in American Samoa, and he allegedly litigated said termination through the American Samoan legal system.”

In his Opinion, the Chief US District Court Judge states, “In this light, venue in Hawai‘i appears to be improper.

“In addition, transfer of this case also appears improper, given that the seemingly only ‘proper’ venue would be the courts of American Samoa, to whom this Court has no authority to transfer under Section 1406 because they are not a “district.”[ See 28 U.S.C. § 1406; Heuter v. AST Telecomm LLC, 2023 WL 4054558, at *3 (D. Haw. June 16, 2023) (explaining that “American Samoa does not have a federal court and is not part of a federal judicial district.”).]

The Opinion concludes that “as a result, Alefosio is ORDERED TO SHOW CAUSE why this case should not be dismissed without prejudice for lack of venue. Alefosio may have until May 28, 2024 to respond to this Order to Show Cause. Should Alefosio fail to respond or fail to show why venue is proper in this District, this action will be dismissed for lack of venue.”

Alefosio is suing for back pay and other employment benefits such as retirement, compensation for pain and suffering, payment of expenses incurred over three years of litigation and to vacate the High Court’s  order denying his Writ of Mandamus and reverse the Appellate Division’s order denying his interlocutory appeal of the ALJ’s final decision.

The total sum he’s seeking for damages and restoration of back pay and employment benefits is $257,000.

Alefosio is representing himself in his civil suit, which includes his filings at the US District Court in Honolulu.

BACKGROUND

The civil complaint filed by Alefosio is because he believes he was wrongfully terminated by the ASG Department of Human Resources, including denial of due process in connection with the termination.

Alefosio was terminated from his position at the ASG Office of the Public Defender (PD) on May 3, 2021.

He informed DHR on May 5, 2021 that he was wrongfully terminated and challenged his right to appeal, which the termination letter of May 3rd had advised that he did not have.

He has since continued to fight his termination, which according to the termination letter from DHR was due to an “unsatisfactory performance, per several verbal counseling sessions with the Public Defender.”

In his case filings, Alefosio alleges that there was no performance evaluation, letter of reprimand or letter of warning to corroborate the reason for termination.

Under ASG Personnel Policy and Administration Manual Section 12.3 pertaining CONTENTS OF OPF (Official Personnel Folder) and among the contents of the OPF for each ASG employee are (1) Performance Ratings or Evaluation; and (2) Letters of Caution, Warning, Reprimand, and similar disciplinary.

The ASG Personnel Policy and Administration Manual Section 5.3 subsection A. 2. requires evaluations of ASG Employees. A performance evaluation, which is common in every workplace, provides an objective review of the employee’s effectiveness on the job and is therefore mandatory. United States v. City of Erie, 411, F Supp. 2d 524 (W.D.Pa. 2005).                         

Alefosio further alleges that the affidavit of Michael White (the Public Defender, who initiated his termination) filed by the ASG is infested with fraudulent misrepresentation. He has filed an affidavit to refute all of Michael White’s claims, contending that Michael White’s claims were made with reckless disregard for the truth.

In addition, Alefosio also filed numerous recommendation letters from previous employers and supervisors, as well as education and professional training credentials which renders a stark contrast to what White characterized the petitioner in his affidavit.

The petitioner comes highly recommended by former colleagues and supervisors in the legal profession, law enforcement, higher education, medical, and social science fields.

(Samoa News should also point out that in July 2022, Michael White resigned as Public Defender, a Cabinet position, later citing personal issues, which included stress and family. He is no longer in the Territory.)

In summation, Alefosio says he filed a complaint of wrongful termination with the  Administrative Law Judge and later filed a petition for extraordinary Writ of Mandamus with the Trial Division of the High Court. 

The Trial Court on June 13, 2023 granted defendant ASG’s motion to dismiss the complaint. 

On July 3, 2023 the plaintiff appealed the Trial Court’s decision and the Appellate Court denied the appeal citing lack of subject matter jurisdiction.