A Tennessee pork company, Tosh Pork, has filed a motion in the Western District of Tennessee federal court seeking to dismiss a lawsuit brought by the U.S. Department of Labor (DOL). The lawsuit alleges the company retaliated against employees who filed workplace complaints.
Tosh Pork, along with its HR manager, is arguing for summary judgment, claiming that the DOL has failed to provide sufficient evidence to support accusations of workplace retaliation.
DOL’s Allegations
The DOL claims that Tosh Pork retaliated against employees by disciplining them, exerting workplace pressure, and threatening termination. One specific allegation included an incident where a severed pig’s head was placed in an employee’s work area, which the DOL described as intimidation akin to a scene from The Godfather.
Tosh Pork’s Defense
In their motion, Tosh Pork and its HR manager denied the allegations, stating that no adverse employment actions were taken against the employees. They explained that the severed pig’s head was part of routine composting practices and was not intended as intimidation. The company also maintained that disciplinary actions were based on reports of harassment from coworkers and were unrelated to employees’ protected activities under the Fair Labor Standards Act (FLSA).
Additionally, Tosh Pork contended that the DOL has failed to demonstrate irreparable harm, which is a prerequisite for seeking injunctive relief.
Court History and Motion Details
In May 2024, the court denied the DOL’s request for a temporary restraining order against Tosh Pork. The judge noted that granting the order could cause significant reputational and economic harm to the company. The court also highlighted that the employees involved in the complaint were still employed, with no reductions in pay or benefits, facts that were undisputed.
Tosh Pork’s current motion argues that the DOL’s case lacks merit and requests the court to dismiss it outright.
Stay tuned to Swine Web for updates on this developing case.
