October 17, 2018
Retaliation doesn’t pay off for employers
Many people who face illegal treatment or conditions at work prefer to keep quiet rather than make a complaint. They fear that their employers might fire them or retaliate in other ways, even though such retaliation is illegal.
One story about H-2A workers in Washington teaches us what happens when a company retaliates unlawfully against its employees for challenging illegal practices.
In 2017, these workers went on strike with the help of their union, Familias Unidas por la Justicia (Families United for Justice). They were driven to do so by their working conditions, including frequent threats, racial and sexual insults, unfair punishments and terminations, unsafe working conditions, a lack of medical attention, and shifts that lasted 12 hours with only one 10-minute rest break. Their employer, Larson Orchards Management, Inc., refused to address these concerns, and instead demanded that the workers return to work or to Mexico. The workers chose to return to work, but their conditions worsened. Worse, the next season in 2018, Larson did not re-hire the striking workers.
These 18 workers, with the help of Familias Unidas, Columbia Legal Services, and the law firm Schwerin Campbell Barnard Iglitzin & Lavitt LLP, sued Larson for violating the law and an agreement with the workers by retaliating against them for the strike.
A few months later, the workers and the company have reached a settlement: Larson will pay the workers $275,800.00 and has promised to include them in its list of preferred workers for the 2019 season.
According to Ramón Torres, a spokesperson for the union, “This is an important settlement for our union, Familias, to protect agricultural workers who assert their rights to improve wages and working conditions on farms and orchards throughout Washington State. These workers were very brave and Familias is proud to represent them.”
Retaliation doesn’t pay off for employers. But with solidarity and perseverance, workers can improve their working conditions. The law prohibits retaliation against workers for complaining about discrimination or other labor law violations, including minimum wage, overtime, and health and safety laws. Employers are also prohibited from retaliating against workers for organizing to improve their working conditions. If you have any questions about your rights or about a possible case of retaliation, call us at 1-855-234-9699 from the United States or 01-800-590-1773 from Mexico.