Former Miyoko’s Creamery CEO countersues Petaluma company’s board, alleges gender discrimination and retaliation
Miyoko Schinner, the founder and former CEO of Petaluma-based Miyoko’s Creamery, has filed a countersuit against the company she was ousted from last year and that had filed suit against her last month for allegedly stealing proprietary information.
In the countersuit, filed Thursday in U.S. District Court of the Northern District of California in San Francisco, Schinner alleges she was discriminated against because of her gender and was wrongfully terminated and retaliated against by the company. She also protests the continuous use of her name and face on its marketing materials.
Schinner, who was removed as CEO in June 2022, was sued in February by the company’s board, which alleged she stole property, including “trade secrets and confidential information,” from the company following her termination.
Schinner denied these accusations in a response to the initial complaint against her but admitted to having copied “documents that she was entitled to access as a member of the board” and only having removed property “carrying no value to the company,” according to court documents filed Thursday.
In her countersuit, Schinner alleges that Rene Weber, who was hired in January 2021 as the company’s vice president of operations, “singled out and openly denigrated women, especially Miyoko, making it impossible for her to continue to effectively do her job.”
Schinner reported this behavior to HR, according to the suit, but the company retaliated against her by demoting her as CEO and eventually terminating her.
The countersuit also alleges the company has continued to use Miyoko’s name and images of her on the company’s website despite Schinner’s cease and desist letters demanding the removal from websites.
Schinner has requested the matter be decided by a jury, according to the complaint.
Miyoko Schinner's Answer to Initial Complaint
Miyoko Schinner's Countercomplaint
Miyoko’s Creamery is being represented by San Diego law firm Mintz. Company counsel Jennifer Rubin said in a statement to The Press Democrat on Friday that the company is reviewing Schinner’s claims in response to the lawsuit filed against her.
“While the company cannot comment on specific allegations given the pending lawsuit, 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 her statement.
Schinner spoke Wednesday on an Instagram live with her lawyer, Lisa Bloom, where they discussed the lawsuit against Schinner and her counterclaims.
“I just want to think of this not as just my case, but maybe a precedent that will be set for other female founders,” Schinner said during the livestream.
“There’s so much exploitation of founders going on right now (and) we need to rewrite the rules.”
Bloom, a civil rights attorney based out of Calabasas, said it was Schinner’s right to complain about gender discrimination and it was illegal for the company to retaliate against her and terminate her.
“We are bringing our own affirmative claims against the company for gender discrimination, retaliation and unauthorized use of your name and likeness,” Bloom said during the livestream.
“We are standing up and fighting back on your behalf.”
In a statement to the Press Democrat, Bloom said, “I am very proud to represent Miyoko in her fight for justice against the company she founded and which still bears her name.
“We will not rest until she is fully vindicated.”
You can reach Staff Writer Sara Edwards at 707-521-5487 or sara.edwards@pressdemocrat. com. On Twitter @sedwards380.
