Tyson Foods Workers Say ‘Winner Take All’ COVID Bets Made by Managers

UPDATE: On Nov. 18, 2020, the families of three Tyson Foods workers who are suing the company over their loved ones’ COVID-19-related deaths have added new claims to their case – namely that Tyson managers lied to interpreters who were meant to inform the workers about the coronavirus situation.

The estates of Tyson Foods workers have filed a pair of lawsuits against the food giant, alleging the company not only kept its doors open as coronavirus spread, but managers even placed bets on how many employees would contract COVID-19.

The lawsuits have been filed in Iowa federal court on behalf of Tyson Foods workers who died of COVID-19 complications. They accuse Tyson Foods of wrongful death.

The estates allege Tyson Foods was aware of an uncontrolled outbreak of the disease at its facility in Waterloo, Iowa, but forced employees to continue to work long hours in close quarters, exacerbating the problem.

“Despite an uncontrolled COVID-19 outbreak, Tyson required its employees to work long hours in cramped conditions,” states one complaint lodged by the estates of four Tyson Foods workers. “Moreover, despite the danger of COVID-19, Tyson failed to provide appropriate personal protective equipment and failed to implement sufficient social distancing or safety measures to protect workers from the outbreak. As a result, Sedika Buljic, Reberiano Garcia, Jose Ayala, and more than 1,000 other Tyson employees were infected with COVID-19 at the Waterloo Facility.”

The Washington Post reported one of the lawsuits was filed on behalf of a Tyson Foods worker who died April 26 after contracting coronavirus. The worker’s son, who represents his estate, alleges Tyson misinformed workers about the severity of the virus.

The lawsuits claim Tyson abdicated its responsibility for the safety of its workers as coronavirus began to surge in their plants.

According to one complaint, Tyson was aware of COVID-19 as early as January 2020 and began a task force after the virus affected its operations in China. In China, the complaint points out, Tyson halted some of its operations as a result of coronavirus.

Additionally, several workers in other Tyson facilities contracted COVID-19, the lawsuits allege.

“By the time COVID-19 was detected at the Waterloo Facility, the Executive Defendants were fully informed of prior and ongoing outbreaks at Tyson facilities in China, Columbus Junction, and Camilla. At a minimum, the Supervisory Defendants were well informed of the Columbus Junction outbreak,” one complaint contends.

However, as COVID-19 surged in the United States and cases began to be reported in Tyson’s Waterloo facility, the company failed to implement adequate safety measures, the plaintiffs say. The lawsuits allege workers were not provided proper protective equipment, such as masks, even though they worked in close quarters for hours at a time.

In addition, Tyson failed to implement measures to screen workers and other personnel coming into the factory.

Further, workers say they were encouraged to come to work sick. According to one lawsuit, workers were falsely told they needed to work, otherwise Americans would go hungry. In addition, the company allegedly directed supervisors to ignore COVID-19 symptoms.

At one point in the spring, Tyson offered employees $500 bonuses for coming to every scheduled shift, incentivizing workers to show up sick, the plaintiffs say.

Indeed, one complaint alleges even after a temperature-check station was implemented at the facility, workers would take fever reducers to pass through so they could continue to work.

Further, Tyson management also allegedly began falsely denying positive COVID-19 tests at the plant and lied to employees — telling them they would be informed if a co-worker tested positive for the virus.

One complaint alleges managers began avoiding the factory floor for fear of contracting the disease and, instead, delegated supervisory responsibilities to low-level workers with no management experience. In addition, Tyson management allegedly cancelled safety meetings despite the virus surge.

As workers began getting ill in March and April 2020, the lawsuits say, one manager, Tom Hart, “organized a cash buy-in, winner-take-all betting pool for supervisors and managers to wager how many employees would test positive for COVID-19.”

During this time, the lawsuits point out, elected officials were pleading with the company to shut down to protect workers and the community. Tyson was allegedly hit with Occupational Health and Safety Administration (OSHA) complaints, as well.

However, Tyson allegedly worked to escape liability for its working conditions during the COVID-19 surge in the spring.

Executives lobbied federal officials and the White House to pass laws that would protect it from legal action due to worker conditions. Further, the company took out a full-page advertisement in major newspapers April 26, 2020, in an attempt to convince the public that the company had to continue to function or the American food-supply chain would break.

One complaint points out that, despite these representations, Tyson upped its shipments to China by 600% during this time.

Ultimately, the plant was shut down April 22, 2020, due to the coronavirus outbreak. It reopened May 6.

For its part, Tyson Foods has said it is trying to verify the COVID-19 betting pool accusations and take action, according to CNN.

However, the company has to contend with allegations in this and other COVID-19 lawsuits lodged by family members of deceased workers.

Are you a Tyson Foods worker? We want to hear from you. Tell us about your experience in the comment section below.

The plaintiffs are represented by Thomas P. Frerichs of Frerichs Law Office PC.

The Tyson Foods Worker Conditions Lawsuits are Sedika Buljic, et al. v. Tyson Foods Inc., et al., Case No. 6:20-cv-02055, and Oscar Fernandez v. Tyson Foods Inc., et al., Case No. 6:20-cv-02079, both in the U.S. District Court for the Northern District of Iowa.

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