Castillo v. Case Farms Of Ohio, Inc.

96 F.Supp.2d 578 (1999)

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Nature of the Case

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Facts

D is a chicken processing plant in Winesburg, Ohio. Approximately 400,000 live chickens per week, year-round, are live-hung, slaughtered, eviscerated, cleaned, cut and deboned, and ultimately packaged for market. D actively recruited workers for its processing plant during 1996 and 1997. Andy Cilona served as D's Human Resources Director. Cilona initiated contact with a labor agency for temporary employees, America's Tempcorps (ATC). ATC worked in Texas, recruiting and hiring a number of people to work at D's plant in Ohio. During this recruitment process, ATC gave some of its recruits the telephone number of Alvaro Hernandez, a D employee, and instructed them to call Hernandez upon their arrival in Ohio. ATC also usually gave its recruits a free bus ticket or other free transportation to Ohio, as well as $20.00 each in traveling expenses. D ceased doing business with ATC in February 1996. Upon arriving at D, Ps discovered that the actual terms and conditions of their employment, transportation, and housing in Ohio did not coincide with the promises made to them in Texas. The bases for this civil action are Ds' alleged misrepresentations and mistreatment of Ps in the recruitment process in Texas, and, as well, the working and living conditions afforded them in Ohio. Pa were placed in bare houses or apartments sometimes with a dozen or more other workers. They slept on the floor, and many encountered cockroaches and rats. One P testified that he and his sister were forced to sleep outside their apartment on concrete steps to escape the stench of the raw sewage that was seeping into their apartment. They were shuttled to and from work in overcrowded vans with wooden boards instead of seats. Ps contend that Ds violated a number of the statutory rights of employees created by the Migrant and Seasonal Agricultural Worker Protection Act (AWPA), and the Fair Labor Standards Act (FLSA). Ps further allege that Ds were guilty of breach of contract, fraud, and negligent misrepresentation.