Farmworker

Job description

Termination: Employer may terminate the worker with notification to the Job Service local office if the worker: (a) refuses without justified cause to perform work for which the worker was recruited and hired or refuses to follow housing rules; (b) commits serious acts of misconduct; (c) malingers or otherwise refuses to work in accordance with directions or is otherwise obviously unqualified to perform the job; (d) is physically able but does not demonstrate the willingness to perform the work necessary or is unable to perform at the same level of production as other workers performing the same or similar task; (e) fails to meet the established production standard contained in this petition when employed under the piece rate system after the first 7 work days; (f) or other job-related reasons. (g) Falsifies identification, personnel, medical or other work-related records; (h) commits acts of insubordination; (i) employer is made aware of a criminal conviction record or status as a registered sex offender that the employer reasonably believes, consistent with current law, will impair the safety and living conditions of other workers.

In general, with respect to item a.(b) above, ''serious acts of misconduct'' includes but is not limited to: theft from the employer or other workers; fraud or falsifying work related records; intoxication during the work day; use of illegal drugs; disobeying a lawful and reasonable instruction given by the employer or supervisor; abusing or threatening other employees, supervisor or employer; spitting, demeaning or use of profanity towards other workers, employer or supervisor; bullying or harassment (including verbal, physical and sexual) of other employees, supervisor or employer; willful or malicious damage to employer's or other worker's property.

In general, with aspect to item a.(h) above, insubordination will be willful or intentional failure to obey a lawful and reasonable request from the employer or supervisor. The basic elements of insubordination include: 1. A reasonable and lawful direct order was issued to the employee, either verbally or in writing, by the employer or supervisor; 2. Employee received the order orally or in writing and communicated confirmation of understanding the order; and 3. Employee refused to obey the order directly through an explicit statement of refusal or through nonperformance. Five unexcused absences by the worker will be considered a job-related reason for worker termination. Workers must work at a sustained, vigorous pace and make bona fide efforts to work efficiently and consistently that are reasonable under climatic, horticultural, and other working conditions, considering also the amount, quality, and efficiency of work accomplished by similarly situated workers who are experienced in this activity. Each worker must clean their work area each day and dispose of trash and discarded items in provided receptacles. The employer will report workers who a) voluntarily abandon employment before the end of the contract period, or b) are terminated for cause, to the Chicago National Processing Center, and H-2A workers to the Department of Homeland Security, in writing or other approved method, no later than two (2) days after the abandonment or termination occurs. Abandonment will be deemed to begin after a worker fails to report for work at the regularly scheduled time for five (5) consecutive working days without the consent of the employer.

Special Requirements

Two months of farm work experience harvesting vegetables is required. Perform prolonged bending, stooping, reaching, walking, sitting, lifting, and carrying of 40 lbs. Perform work in extremely hot, cold, wet, and muddy conditions. Must be 18 years of age or older.