Following a contentious breakup, Miyoko Schinner has countersued vegan dairy company Miyoko’s PBC, alleging that she was dismissed from the company she founded in retaliation for her claims of gender discrimination.
In a filing with the Northern District for the State of California, Schinner also responded to her former employer’s claims that she absconded with trade secrets when departing as CEO.
Filed on Thursday, the suit includes six counterclaims including: failure to prevent discrimination, retaliation, wrongful termination in violation of public policy, violation of right to publicity and misappropriation of name and likeness. Schinner claims she was dismissed as CEO after making official complaints about COO René Weber, who Schinner said “singled out and openly denigrated women, especially [her], making it impossible for her to continue to effectively do her job.”
The acrimonious divorce entered the public eye last month when Miyoko’s sent out a press release announcing Schinner was no longer CEO or involved in the daily business operations. The day after, Schinner replied to the announcement with a LinkedIn post alleging she had been mistreated. Miyoko’s subsequently filed a lawsuit against their former CEO for reportedly stealing trade secrets.
Hired as VP of operations in 2021, Weber spent most of his career in the dairy industry, holding senior level positions at Tillamook County Creamery Association, Saputo, Emmi Roth and White Clover Dairy. In her suit, Schinner stated Weber “mansplained” to her frequently and spoke to women in a more disrespectful manner than he did with his male colleagues.
“Mr. Weber immediately began a campaign of mistreating women who worked at [Miyoko’s], including Miyoko, by excluding them from meetings, denying them information they needed, berating them publicly and privately, and otherwise making it difficult to impossible to do their jobs,” the filing stated. “Mr. Weber openly denigrated women, their expertise, and their contributions at [Miyoko’s], calling some ‘stupid’ and ‘terrible.’”
Schinner reportedly detailed these issues to her investors, including Obvious Ventures co- founder and managing director James Joaquin, an unnamed executive at PowerPlant Partners, and Cult Capital co-founder John Kenney, the filing stated. Weber was nevertheless promoted to COO “due to [the company’s] concerns that he was a ‘flight risk’” that they “could not afford to lose” in order to reach $200 million in sales.
According to the suit, after Weber’s promotion, Schinner discussed his behavior with another investor, Stray Dog Capital’s managing partner & CEO Lisa Feria, who also served on Miyoko’s board, that the push to replace her as CEO was rooted in misogyny. Feria, in turn, “confided in Miyoko about feeling ineffective and ignored by the male Board members in meetings,” according to the filing.
The complaint alleges Weber’s behavior grew worse as time went on. In May 2022 Schinner complained to the company’s director of HR about further “gendered treatment” from Jorge Cource, Miyoko’s senior director of supply chain and co-manufacturing; the company’s human resources department declined to launch an investigation, according to the filing. On June 9, 2022, Schinner was terminated as CEO but not fired from the company.
In response, Schinner emailed Miyoko’s CFO interim president John Blair about Weber, reportedly stating that female employees were departing the company because of mistreatment and that Weber “has a dismissive way with female employees that is not good.”
The same day, Schinner also emailed Feria, again, stating that “at least 8 women have complained about [Mr. Weber’s] rudeness, arrogance, and dismissive attitude…Others were too afraid to complain about him because he wields so much power.”
Roughly six weeks later, the complaint states, Schinner was terminated as an employee of the company.
“It bothered MP executives that Miyoko stood up for her rights and the rights of other women in the company, demanding respectful treatment and refusing to conform to the stereotype of a docile, complacent, obedient Asian-American woman,” Schinner’s suit noted. “Miyoko was not acceptable to them as a person with decision-making power and authority in the company. It was only the image of her celebrity status and prominence in the vegan and food worlds which [Miyoko’s] continues to use in branding and marketing that [Miyoko’s] desired to retain.”
A photograph of the Miyoko’s food truck shared with NOSH in 2022.
Schinner is also alleging that, despite receiving several notices from her prior legal counsel, Miyoko’s continued to use her name and likeness on its website and on a food truck used for promotional purposes last fall.
In February, Miyoko’s launched a teaser for a new website that focuses more on its products rather than the founding story, but the current iteration still features Schinner.
A representative for Miyoko’s told NOSH that “the company cannot comment on specific allegations,” citing the pending lawsuit
In addition to filing her own suit, Schinner submitted a second document to the court responding to Miyoko’s suit from last month, disputing the claim that she was dismissed for poor performance. Though she initially agreed to a plan to hire a president or CEO to manage day-to-day operations, the response stated, she then “changed her mind.”
With regards to stolen company property, Schinner’s defense largely hinges on two points. First, that as a board member, she should have the right to company documentation, invalidating any claims that she may have acted unlawfully.
“Defendant denies any theft. Defendant admits that she copied documents that she was entitled to access as a member of the Board,” the filing stated. “Defendant admits to deleting some of those files after she was informed (incorrectly) that she did not have a right to retain those documents.”
Moreover, her attorneys assert that there were no trade secrets for her to even steal.
“Defendant denies that Plaintiff’s very existence as a company is based on any proprietary recipes and cultures. Defendant denies that Plaintiff takes diligent steps to protect its trade secrets and confidential information,” the response stated. “Defendant denies that the Company has any true “trade secrets.”
That response, however, appears to potentially conflict with Schinner’s prior statements. The founder’s current LinkedIn bio states that “Miyoko Schinner, sparked the rise of the multi-million dollar plant-based cheese revolution by engineering a proprietary technology for making dairy from plants.”
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