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June 25, 2007

Migrant Workers Settle Claims Against Connecticut Nursery | Human trafficking still alleged

A dozen Guatemalan workers have reached a settlement with a Connecticut nursery accused of forcing them to work nearly 80 hours a week for less than minimum wage, their attorney said Monday.

The settlement resolves claims that the nursery underpaid workers, but attorney Michael Wishnie said he will continue to pursue claims that the independent company that recruited them engaged in human trafficking.

The workers, who filed the lawsuit against Imperial Nurseries in Granby and its labor recruiter, say they were promised jobs planting trees in North Carolina for $7.50 an hour. Instead, they say they were taken in a van to Connecticut without their consent, had their passports confiscated so they would not escape and were threatened with arrest or deportation.

Human Trafficking Alleged
The settlement resolves claims against Imperial and its parent company, Griffin Land & Nurseries.

"Griffin and Imperial are pleased that the case against us has now settled," said Mike Danziger, president and chief executive officer of Griffin.

But Wishnie said claims in the lawsuit accusing the recruiter, Pro Tree Forestry Services, and its principals of human trafficking will continue. Pro Tree was also accused of denying the workers emergency medical care and threatening them with arrest, imprisonment and deportation if they did not meet production standards.

The settlement was confidential and details were not disclosed, except to say the nursery provided the workers with financial compensation.

"We are happy that we have come together and stood up to protect our rights," Marvin Coto, one of the workers, said in a statement.

A telephone message was left Monday morning with a spokesman for a Pro Tree principal.

Griffin has said the workers were hired by Pro Tree and that it cooperated with an investigation by the U.S. Department of Labor, which also has filed a lawsuit in the case.

Griffin officials said they were shocked to hear the allegations of mistreatment by Pro Tree. The nursery quickly terminated its contract with Pro Tree and agreed to the financial compensation because of the hardship the workers alleged they experienced, company officials said.

Imperial's sales volume places it among the 20 largest landscape nursery growers in the country, according to the lawsuit.

The workers were recruited last year, according to the lawsuit.

Debts And Deductions
The workers were paid about $3.75 per hour but also incurred substantial, illegal deductions which further reduced their wages, according to the lawsuit. The workers also incurred substantial debts in Guatemala to pay for their visas and trip to the U.S., according to the lawsuit.

Some of the workers flew to North Carolina, then were taken to Hartford in a small van. Some were forced to sit on the floor during the trip. When they arrived, they were housed in small filthy apartments and slept on the floors, according to the lawsuit.

The work involved preparing flowers, trees, shrubs and other plants to be sold to residential and wholesale consumers.

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