Miyoko Schinner, the founder of Miyoko’s Creamery who was ousted as CEO last year, has filed a countersuit against the company alleging gender discrimination, wrongful termination, and other charges.
In a filing with the U.S. District Court in Northern California, she also accuses the company of retaliation, failing to prevent discrimination, illegally using her name and image to promote the brand, and the related charge of violating her right to publicity.
As previously reported, Schinner retained The Bloom Firm as her legal representation after Miyoko’s announced last month that it was suing her, alleging theft of trade secrets.
In addition to the countersuit, Schinner, who remains chair of Miyoko’s board of directors, filed a response to the Miyoko’s suit in which she denied stealing trade secrets, along with most of the suit’s other claims. In the response, Schinner also said that as a director of the company she had the right to view the documents that she downloaded, and she denied accusations that she was seeking to start a rival company.
In her countersuit, Schinner alleges that René Weber, who was hired by the company as vice president of operations in January 2021, “singled out and openly denigrated women,” including Schinner. When Schinner complained to human resources, she was quickly demoted and fired, according to her countersuit.
Schinner also discussed her gender discrimination concerns with some of the company’s top investors and said she also experienced “gendered treatment” from a consultant the company hired, and from Jorge Couce, a senior director at Miyoko’s.
She also alleges that the company has continued to use her name and pictures to promote the company, despite “cease and desist” orders to stop doing so.
Jennifer Rubin, company counsel with legal firm Mintz, said Miyoko’s is reviewing the claims filed by Schinner, and cannot comment on the specific allegations.
“As the company’s former CEO, Miyoko Schinner was responsible for managing all of the organization’s employees, functions, strategies, and operations and, more importantly, providing information necessary to allow the company’s board to fulfill its oversight obligations,” Rubin said in a statement to SFA News Daily.
“In the meantime, the Miyoko’s brand remains driven by craft, compassion, conviviality, and courage and is committed to bringing consumers the highest quality vegan and plant-milk dairy products and creating a more humane, just and sustainable food system, within a safe, welcoming and productive environment for all employees," she said.
In her countersuit, Schinner alleges that several other women also claimed to have experienced discriminatory treatment at the company, including two who quit at least in part because of Weber’s treatment of them.
“On a number of occasions, employees have come to me with problems or complaints that had fallen on deaf ears with HR or [operations],” Schinner said in an email to one of the company’s investors, which was included in her countersuit. “When I reported the complaints, and HR would do an ‘investigation,’ the fault invariably fell with those complaining, while those complained about were found innocent.”
Schinner is seeking general damages, compensation for past and future medical and related expenses, future lost earnings, impairment of earning capacity, and punitive damages and other relief.
Related: Schinner Plans Countersuit in Miyoko’s Creamery Dispute;
Image: Miyoko's Creamery