Tosh Pork On Hot Seat, Allegedly Retaliating Through Employee Termination and Severed Pig’s Head Threat

By Moon Harper

Mar 06, 2024 11:56 PM EST

The largest pork producer in Tennessee is facing allegations of retaliating against employees who inquired about their compensation, with one worker reportedly discovering a severed pig's head at their workstation, as reported by the Department of Labor.

The department filed the action on February 21 in the U.S. District Court for the Western District of Tennessee. The action requests the court intervene and halt Tosh Pork LLC and its human resources manager, Dianna Rosa, from persisting in their violations of the Fair Labor Standards Act (FLSA) through retaliatory measures against employees. Federal law prohibits employers from terminating or discriminating against employees who have lodged complaints or cooperated in investigations.

Appalling Retaliatory Measures on Two Employees

The Department's Wage and Hour Division discovered that two workers at Tosh Pork, responsible for caring for the farm's pigs, cooperated with division investigators after questioning their pay with the employer. Upon learning of the initial complaint, Tosh Pork assigned one worker tasks such as cleaning offices and bathrooms and picking up pig waste, which were not part of their usual duties. Accusing the employee of filing a federal complaint, Tosh Pork allegedly attempted to compel them to sign a document preventing them from discussing pay issues with other employees.

Investigators also found that another worker who had inquired about their wages was summoned for a meeting with farm management and faced threats of termination, who, upon returning to their workstation, discovered a severed pig's head.

In a news release, Tremelle Howard, the DOL's regional solicitor in Atlanta, declared that the company's actions, deemed "appalling" and aimed at intimidation and retaliation against its employees, will not be accepted.

Tosh Pork's Denial of Allegations

Seth Krantz, the company's veterinarian, denied the government's allegations and promised to fight the claims. He emphasized Tosh Pork's commitment to treating employees with respect and dignity, ensuring proper care for animals, and complying with all applicable regulations, including the Fair Labor Standards Act. Krantz added that Tosh Pork denies engaging in the alleged retaliatory conduct outlined by the DOL in its March 5 news release and intends to defend itself in court.

Motion for Tosh Pork's Restraining Order

The U.S. Department of Labor has submitted a complaint and motion to secure a temporary restraining order to halt purported retaliatory actions by a Henry County farm against two employees who inquired about their wages, an activity protected by the Fair Labor Standards Act. According to DOL investigators, the company was found to owe $39,375 in back wages to five workers and was also subjected to civil money penalties amounting to $36,731.

The family-operated enterprise operates a swine production and crop farming operation spanning 18,000 acres in Henry, Tennessee. Its pig division, Tosh Pork, distributes its products domestically and internationally to major retailers such as Costco, JBS USA, and Kroger, as per information provided by the agency.

Regional Solicitor Tremelle Howard in Atlanta emphasized that Tosh Pork's appalling actions to intimidate and retaliate against its employees will not be accepted. She stated that the U.S. Department of Labor will utilize all available resources to safeguard the protections provided to workers under the law.