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U.S. Department Labor
Employment and Training Administration

0MB Approval No. 1205-D039 ,
Expiration Date: Dec. 31, 2018

One Stop Career Center (OSCC) Complaint/Referral Record

For OSCC Use Onl
Date Received

Complaint No.

7. Telephone Number of Employer/OSCC Office

(t\c) CJ"•
8.

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Dese<iplion of Complaint (If addrtlonal space Is needed, use separate sheel(S) of paper and attach lo lhls form)

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I CERTIFY thal the fnfonnalion furnished Is true and accurately staled lo the bes! of my knowledge. I AUTHORIZE the disclosure of

Certification
9.

IMs informat1on to other enforcement agencies fo1 the proper investigation of my complain I. I UNDERSTAND that my identity will
be keel confidenlfal to the maximum extent oossibfe, consistent with aooficable law and a fair determination of mv comofalnt.

Signature of Complainant

10. Date Signed

I I
ETA 8429
Revised May 2012
E,cplratlon Date: 12/31/2018

 Part II. For OSCC Use Onl
1. Migranl or Seasonal Farmworker?
~es

3. If non-Job Service-related, does Complaint concern laws
enforced by Wage and Hour Division (fom,erfy called the
Employment Stsnda1ds Administ1ation) U.S. D O.L.

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2 . Type or Complaint rx· Appropriate
Box(es))

5. H-2a/Critena Employer

0

WHD01OSHA? Oves 0No

!Z} H -2a Worker

rx· Appropriate Box(es))
is;rWage Related
O Housing
0 Child Labor
O Pesticides

4 . Kind of complaint
~ob Service Related Job Order No./ jJ)'l

0
0

•

Against Job Servioe

-

"55'Z-6

0
O

Against Employer
Alleged Violation ofWIA
Regulations

lc7f'Aifeged Violation of Employment

Owages
0

•

Working Conditions
0Heatth/Safety
Migrant and Seasonal
Disability
Agricultural Worker
DiscrimlnaUon
Protection Act (MSPA)

Transportation

0Meals
0Housing
Oother _ _

~aw(s)

Don-Job Servlce Related

U.S./OomesticWorl<.er

ther (Specify) /

6 . •FOi DISCRIMINATION COMPLAINTS ONLY. Persons wi,hlr,g to file complalnls ol d1scriminaUo

y r,te elthe1 with the Stale Worlcfocce Agency, 01 with the Dlrectorale or Civil
R his OCR U. S. De artmenl or Labo<, 200ConsMullon Avenue NW R001ll N 123 Wa~I ton D.C. 20210.
7a. Referrals To Other Agencies ("X" one)
8 . Add1ess or Referral Agency (No.. St., City, State, ZIP Code and
WHO. U.S . DOL.
OSHA U.S. D.O.L.
Telephone No.)

•

0
Ml Other

b.

ef

0

c.

Follow-up Date

I I
9.

LJ_·_

Comments (If addilional space is needed, use separate sheet of paper) Provide OSCC SeNices?

Yes

D No If "No", explain.

Public Burden Statement
Persons are not required lo respond to this colledion of Information unless it displays a currently valid 0MB Control Number. Obligatlon to reply is required 10
obtain or retain benefits (44 USC 5301). Public reporting burden fo1 this collection is estimated to ave1age 8 minutes per response. Including the time to review
inst1uctions, search existing data sou1ces. gather and maintain the dale needed, and complete and review lhe collection of information. Send comments
,egarding this burden estimate or any other aspect of this collection, including suggestions for reducing this burden, to the U.S. Department of Labor,
Employment and Training Administration Office of Workforce Investment Room C-4510. 200 Constitution Avenue NW Washington DC 20210.

ETA 8429
Revised May 2012

Expiration Date: 12/31/2018

 June 2, 2017
I wish to file a complaint against my former employer for wrongful termination. On March 29, 2017 I
entered a work contract with Troy Meinke of Meinke Custom Combining LLC. I worked for Mr. Meinke
for two months. On May 30, 2017 Mr. Meinke presented me with a letter stating that I was being
terminated for the following reasons:
1. Not following instructions/ orders, multiple time to mention.
2. Failing to learn operating of tractors in a productive and efficient manner
3. Destroying neighbors fences while operating equipment (tractor)
4. Smoking in company vehicles when instructed not to.
5. Overall lackadaisical work ethic.
Mr. Meinke had never spoke to me about any concerns before this time. Mr. Meinke spoke to me and
the other workers each day in an abusive manor. He used curse words and called me and the other
workers names on a regular basis. My answer to each allegation is below:
1.

I did everything every time that he told me to do.

2.

It was my first t ime driving a tractor and I needed to learn the skill. I was hired as a truck driver
not a tractor driver. The skills are very different.

3.

The letter is the first time I was informed of any fences being destroyed. I have no knowledge of
any such action.

4.

I never smoked in any company vehicle.

5. I was on time every morning, whe n my work was completed I always asked if there was anything
else Mr. Meinke wanted performed.
I have come to the United States seven years on the same type of work visa and never had any
complaints. Please check my previous employers for a reference. In 2001, I worked for Ronnie Tyler
Harvesting in Oklahoma. In 2007, I worked for OTO Farms in Nebraska . In 2008, I worked for Pipestone
Systems in Pipestone, Minnesota. Donna Hazelton was the HR director, 507-825-2532, please call her for
a reference.
Mr. Meinke fired me without reason and made me homeless in a foreign country. He refused to give me
my final check simply because I refused to sign his paper which was lies. He also did not give me any
notice before making me leave my apartment, Mr. Meinke stated that if I did not vacate immediately he
would take $100 per night stay out of my check.
Mr. Meinke was supposed to reimburse me for my travel. Now, on top of the airfare I will have to pay a
fee to change travel dates. Because Mr. Meinke refused to pay me, I now do not have any money to eat
on while I travel home, nor do I have transportation to the airport.
I have attached my employment contract, my term ination letter, my t ime sheet, and my travel invoice.
Please contact the other workers to see that I am telling the truth. Hennie, 660-868-2145, has worked
with me for these two months and could give the phone numbers of the other workers.
Sincerely,

 H-2A Employment Contract
This employment agreement is made effective this

2 '-/

2_<}_1_7____,

day of _/n
_ tt._,,_.C,.,_t.,.___

{hereinafter known as "Employer") and
_ _ _ _ _ _(hereinafter known as "Employeen).
A. Work Period: Employer guarantees to offer employment for a minimum of¾ of the workdays of the
total specified period on Employee's visa/1-94, during which the work contract and all extensions thereof
are in effect, beginning with the first workday after Employee's arrival at the place of employment and
ending on the expiration date specified in the work contract or extensions thereof. In Act of God
terminations, the¾ guarantee period ends on the date of termination. Employer will offer a minimum of
40 hours of work/week.
B. Tools, Supplies, & Equipment: Employer will provide all necessary tools, supplies, and equipment at
no cost to Employee.
C. Tools, Supplies, & Equipment Damage/Misuse: Employee will be responsible for proper use of tools,
supplies, and equipment. Repair or replacement costs of damaged tools, supplies, and equipment due to
misuse, carelessness, or not following instructions will be deducted from Employee's earnings.
D. Insurance: Employee will be covered by Workers Compensation Insurance or equivalent employer
provided insurance for injuries arising out of and in the course of employment.
E. Wage Statements: Employer will furnish to Employee on or before each payday written st atements
showing the hours worked by Employee and Employee's total earnings for the pay period. Such
statements will comply with DOL requirements.
F. Transportation & Housing Arrangements: After Employee has completed 50% of the work contract

period as indicated on visa/1-94, Employer shall reimburse Employee cost of transportation &
subsistence (a min. reimbursement of $11.86/day & ma>C. reimbursement of $46/day. Receipts
required.) from the place of re cruitment to the place of work. Upon completion of the work contract,
Employer will pay reasonable costs of return transportation & subsistence to the place of recruitment,
except when the worker w ill not be returning to the place of recruitment due to subsequent
employment with another employer who agrees to pay such costs, in which case Employer only pays for
the transportation t o the next job. The amount of transportation payment will be equal to the most
economical & reasonable similar common carrier transportation charges for the distances involved.
Should Employee voluntarily quit or be terminated for just cause prior to completion of 50% of
the work contract, Employee will be required to reimburse Employer for the full amount of
transportation & subsistence monies that were advanced or reimbursed to Employee.
Employer shall provide transportation between the place where Employer has provided housing
to the actual work site & return at the end of the workday. Such transportation will be without cost to
employee, & the means of transportation shall meet all applicable safety standards.
Employer shall provide housing to employee that meets all applicable standards for H-2A
compliance. Employee is responsible for proper care and maintenance of housing provided. Employer
may deduct from Employee's earnings expenses for professional cleaning or repair of damages to
housing caused by Employee if housing is not returned to its original condition upon arrival.

 G. Employer Obligation if Employment is Extended: No extension of employment beyond the period of
employment specified on Employee's visa/1-94 shall relieve Employer from paying the wages already
earned, or, if specified in the job order as a term of employment, providing return transportation or
paying return transportation expenses to the worker.
H. Termination: Employer may terminate Employee if the Employee (a) refuses without justified ca use

to perform work for which the worker was recruited and hired, (b) commits a serious act of misconduct,
or (c) fails, after completing any training or break-in period, to reach production standards when
production standards are applicable.
In such event Employee will not be entitled to return transportation and daily subsistence nor to
the application of the¾ guarantee of employment.
In the event of termination for medical reasons occurring after arriva l on the job, occurring as a
result of employment, or in the event of termination resulting from an Act of God, Employer will provide
or pay reasonable costs of return transportation and subsistence to the place of recruitment and
reimburse Employee for reasonable costs of transportation and subsistence incurred by Employee to get
to the place of employment.
I. Contract Impossibility: Employer will terminate the work contract of Employee whose services are no

longer required for reasons beyond Employer's control or an Act of God. In the event of such
termination, Employer will be bound by the ¾ guarantee from the first workday after arrival to the date
of termination.
J. Wage Rate: Employer will pay a wage rate of -/$ fl - I 3 • 7 9 pu hr, dxpe,uf,
c,i
ioa.:f,

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In the event the AEWR increases or decreases during the contract period, the employer w ill pay the
highest of the rates in effect at the time work is performed.
Paychecks will be issued bi-weekly. Employee must be present for receipt of paycheck when issued.
K. Departure: Worker is required by US law to depart the US at the end of the period certified by DOL or

separation from the employer, whichever is earlier, unless the H2A worker is being sponsored by
subsequent employer.
L. Additions: Contract conditions not addressed in Items A through Kand agreed upon between both

parties include:

E
Date

c>; /z ,"'J J t'o/

Date//

 5.ol Ballew St.
Princeton MO, 64673

Meinke Custom Combining LLC

Phone: 1-660-748-3538
Fax: 1-660-748-3549

May 30, 2017

To whom it may concern:

mployment for Meinke Custom Combining LLC has been terminated
this morning for the following reasons:

Not following instructions/orders, multiple times to mention
Failing to learn operating of tractors in a productive and efficient manner
Destroying neighbors fences while operating equipment (tractor)
Smoking in company vehicles when instructed not to
Overall lackadaisical work ethic

We have attempted to overlook some of the problems and keep him in employment but it has
just become too overwhelming to the mental health and stress of our other valuable workers that have
to put up with him as well. We cannot jeopardize our other valuable and helpful workforce for one "bad
egg".

If there should be any other questions, I will gladly explain.

Thank you,

Troy Meinke

660-953-0624 cell phone
- --

---==---

 Euro Personnel

Invoice 007

815 Boabab Street, Doornpoort, 0017
Gauteng Province, South Africa
+27 12 547 0523 Fax 0866070523
CC NO: 2001/019249/23

INVOICE
Customer
Meinke Custom Harvesting

SOIBallew st

Invoice Dale :

Princeton

VAT NO:

44100189577

03/ 17 /2017

MO

Contact Name:

Magda

6467
#6607485775
meinkefarms@gmail.com

Qty

Description

01

Round trip Cape Town - Kamas city

Unit Price
ZAR

R22200.00

Amount

22200.00

22200.00

13.00 - $

11nR no

@

 4
10.5

5
12

6
4.5

7
15

8
14.S

14.S

9
7.5

7.5

10

10

2017

10.5
15

May
3
4.5

15
14

147.5

147.5

Reg.

NA
NA

OT

Total Hours
14

14

$3,792.00
$1,936.00

Dollars

4492

Check#

NA

NA

OT

Total Hours

0

Total Compensation
Compensat ion 1

$1,856.00

Ot her

16
17
Reg.
18
19
20
24
29
30
31
21
22
23
25
26
27
28
14.S
12
15.5 10.5
141.5
9.5
10
9.5
10
10
10
4.5
10
15.5
141.5
14.5
4.5
0
0
12
15.5
10.5
9.5
0
9.5
10
10
10
10
15.5
10
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12

MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12 13.12

7

7

9.5
12

13

2
10.5

12

11

10.5

11

1
9.5

10

10.5

11

Date
· Hours Worked
10.5

11
11

Hours Offered

Clock In/Ou t

State
State Rate of Pay

Date
Hours Worked
Hours Offered
State

Dollars
$13.12

Compensation 2

State Rate of Pay
Clock In/Out

Hourly Rate of Pay
$3,791.68
$1,935.20

$0.00

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USA

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Meinke Far ms
501 Ballew Street; Princeton, MO 64673

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Total Earnings
Days 1-15

Compensation 3

for reasons detai led in his termination letter.

Employer Address
Employer Country
Employer TIN

Employer Name

$1,856.48

May 30, 201- -has been terminated

Explanation of any deductions or differences other than normal:

Employee Country
Employee SSN

Employee Name
Employee Address

Days 16-31

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