Lawsuit: Fired Tyson supervisors say they deserve bonuses

WATERLOO — A Tyson Fresh Meats manager accused of arranging a COVID-19 office pool and encouraging interpreters to mislead workers about the coronavirus pandemic is taking the meatpacking company to court, asserting he was not paid a bonus he was entitled to when he was fired.

Thomas Hart, who was manager at the Waterloo plant at the onset of the 2020 coronavirus outbreak, filed a suit seeking $125,000 in unpaid annual incentive plan compensation in Black Hawk County District Court in October.

Other supervisory employees — who, like Hart, are named as defendants in wrongful death suits brought by the estates of Tyson workers who died of COVID-19 — also are crying foul for missing bonuses. In court records, Tyson said it withheld bonuses — in at least in some cases — because of allegations the managers took part in the office pool.

According to Hart’s suit, he was hired by the company in 1994, and the bonuses were included in addition to his biweekly salary. On Nov. 18, 2020, Hart was told he would be getting $125,000 in incentive pay. He was suspended the following day, and discharged from the company on Dec. 15, 2020, without receiving the bonus, the suit states.

His attorneys, Nathaniel R. Boulton and Marlon Mormann of Des Moines, assert the company withheld his wages in violation of Iowa statutes.

Hart also is named as a defendant in lawsuits over the COVID-19 outbreak at Tyson. The suits allege he organized a winner-take-all betting pool for Tyson supervisors and managers to wager on how many employees would test positive for COVID-19. This occurred while public officials were calling for the plant to be closed for safety reasons.

Among other things, Hart and others allegedly directed interpreters to tell non-English speaking employees that “everything is fine,” that there was no outbreak at the plant, and to tell them there were “no confirmed cases” and the health department had “cleared” the plant of COVID-19, according to the wrongful death suits.

Another former Tyson manager who is taking the company to court over unpaid bonuses is Bret Tapken. He had worked at the plant since 1994 and was utility room superintendent. He is seeking $14,500 in withheld bonus pay.

His suit was filed almost a year ago. In arguing for a summary judgment to dismiss the case, attorneys for Tyson say he didn’t receive a bonus because of “egregious misconduct.” The company says that because Tapken “was involved in wagering related to the COVID-19 pandemic, Tyson concluded his performance did not warrant a bonus and his employment was terminated.”

Hart didn’t receive his bonus for the same reasons, Tyson officials disclosed in court records arguing against Tapken’s bonus.

In written court statement, Tapken said he didn’t wager on how many Tyson team members get sick.

Other former Tyson employees taking the company to court over bonuses include: Hamdija Beganovic, operations manager; Cody Brustkern, a maintenance manager; and John Casey, assistant plant engineer.