Matters Management

Retaliation occurs when an employer (through a manager, supervisor, administrator or directly) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.
An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation can have a negative impact on overall employee morale.

Severed Pigs Head Retaliation

The U.S. Department of Labor filed a complaint and motion against Henry Country farm seeking to a temporary restraining order to prevent retaliation against two workers who asked about their wages.

After two employees inquired about their pay, they allegedly experienced retaliation. One was assigned to cleaning offices and bathrooms, as well as picking up pig waste. These duties were outside their normal job duties. After learning of the filing of a federal complaint, Tosh allegedly tried to force them into signing a document forbidding them from speaking with other employees on pay issues.

The other employee was allegedly called to a meeting with the manager and threatened with termination. Upon returning to their desk they discovered a severed pig''s head.

“Tosh Pork’s appalling actions and clear attempts to intimidate and retaliate against its employees will not be tolerated,” explained Regional Solicitor Tremelle Howard in Atlanta. “The U.S. Department of Labor will use every tool available to ensure the protections afforded to workers under the law.”