Pilgrim's Pride Corporation: Immediately restore position, pay, and benefits to Mark Schweim, along with

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The Issue

Absolutely NO employer should be allowed to wrongfully terminate employment of any employee based exclusively upon breathalyzer test results proven to be false by blood test which revealed absolutely NO alcohol in his blood.

Mr Schweim was wrongfully terminated from employment in April 2012 as result of having reported an on the job injury that resulted in the nursing staff requiring a post injury drug test in which the plant's breathalyzer test revealed TWO FALSE POSITIVE results ranging from 0.048 to 0.051 BAC. Immediately when allowed to leave the plant, Mr. Schweim went to the local hospital and requested an actual Blood Alcohol test. The Blood test results at the hospital were UNABLE to find ANY alcohol in his system, and when discharged, the doctor stated that it was "medically impossible for Mr. Schweim to have had even as much as a Blood Alcohol Content of 0.01% during the same time that the plant's breathalyzer was indicating Blood Alcohol Contents ranging between 0.048 and 0.051%.

In 2007, Pilgrim's Pride Corporation was found guilty of Employment Discrimination against Mr. Schweim when they tried forcing him to accept a forced transfer to a lower paying position on grounds that "Because he needs Insulin to control his Diabetes, he should have NEVER been allowed to accept or hold ANY job that would have him driving any company owned vehicles or operating any company owned powered equipment."

In April 2012, Mr. Schweim was wrongfully terminated for false positive Breathalyzer test results most likely resulting from a combination of his previous several years fighting Acid Reflux in addition to his illness during the days immediately preceding and including the day his employment was terminated.

In January 2013, EEOC reported they were unable to negotiate an acceptable settlement, but determined Pilgrim's Pride again guilty of Employment Discrimination so stated they would be issuing the "Right to sue/Conciliation Failure Notice" paperwork to Mr. Schweim.

Absolutely NO employer should be allowed to rely EXCLUSIVELY on BREATHALYZER testing when checking for alcohol use or abuse by employees. Mr. Schweim's experience with Pilgrim's Pride Corporation just proves that regardless of what the DOT or FMCSA currently claims, NO currently available Breathalyzer machines can be documented to be totally flawless or immune from giving FALSE POSITIVE results for people with Diabetes, Acid Reflux, or any number of other medical conditions.

Until Pilgrim's Pride corrects these acts of wrongful termination, it would be in everybody's best interest if you would apply elsewhere, but don't even think of applying to work for Pilgrim's Pride Corporation especially if you are somebody with Diabetes!!!  Until Pilgrim's Pride stops practicing employment discrimination, the general public should pay them for their wrongful employment practices by purchasing chicken products exclusively from Pilgrim's competitors.

The Decision Makers

David Hansford
David Hansford
Pilgrim's Pride Corporation
Walt Shafer
Walt Shafer
Executive Vice President of Sales and Operations, Pilgrim's Pride Corporation

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Petition created on December 29, 2012