Simpson v. Sanderson Farms, Inc. (Sanderson Farms Class Action)

This is a RICO class action brought against Sanderson Farms, Inc. and its officers and human resource managers/personnel at the Moultrie, Georgia chicken processing plant for knowingly hiring large numbers of illegal aliens.    The case is brought by two former hourly-paid workers to compensate them (and the putative class) for the “wage depression” (i.e. below market wages) caused by the Defendants’ illegal hiring practices. The Amended Complaint was dismissed and we filed our Notice of Appeal on February 8, 2013.

Click Here to View the Amended Complaint

If you are a former or current hourly-paid worker at the Sanderson Farms Moultrie Plant, and you were legally authorized to work in the U.S., you may be part of this class action. Please contact us if you have any information about the issues below:

  1. Hiring workers who have previously been employed at Sanderson under different names or who go by different names ouside the plant;
  2. Hiring workers who are known to the HR staff to be in the U.S. illegally and using false/fake documents;
  3. Hiring workers who cannot speak English while claiming to be U.S. Citizens;
  4. Falsely completing I-9 Forms;
  5. Hiring workers who have previously been employed at Perdue under
    different names;
  6. Coaching illegal aliens at the time of hire to claim a high numbers of dependents on their tax forms to reduce tax withholding;
  7. Raids/fines by INS or the Department of Homeland Security, including the highly publicized raid in late 2008;
  8. Superintendents talking about how they prefer illegal alien labor;
  9. “Tip-offs” or notices by management about future government visits;
  10. Illegal aliens purchasing fake documents that obviously looked fake; and
  11. Firing illegal workers after any such raids or after learning about this case.

This case is brought under the Federal RICO statute, as well as the Georgia RICO statute.

Even if you are not part of the class, if you have information that can help our case, please contact us immediately.

 

UPDATE:

On February 6, 2013, the district court for the Middle District of Georgia dismissed our case based on lack of proximate causation. We are in the process of appealing that decision to the Eleventh Circuit Court of Appeals. The notice of appeal was filed on February 8, 2013. We will continue to update this section as the appeal progresses.

UPDATE 2:

Each party has submitted their appellate briefs. The briefing is now complete and we are awaiting a decision from the Eleventh Circuit Court of Appeals.

UPDATE 3:

The 11th Circuit has informed us that an oral argument will be necessary for this appeal.  No dates have been set yet.  We will continue to update this page when we have more information.

UPDATE 4:

The oral argument in the 11th Circuit is tentatively scheduled for the week of November 18, 2013.  We will continue to update this page when we have more information.