Worker sues Foster Farms over her firing

LIVINGSTON -- Foster Farms is once again under legal pressure, even though company officials don't know much about it yet.

The giant chicken producer, one of the county's largest private employers, has recently run into legal issues related to alleged groundwater contamination and air quality issues, but this time they're dealing with something of a different nature.

Sara Supple, a former employee, recently filed a lawsuit against the poultry company claiming she was wrongfully terminated for being pregnant, said Chad Snyder, associate for Cuttone & Associates law firm, which is representing Supple.

Foster Farms claimed the termination was the result of problems with her time cards, according to the complaint from the firm filed with the Merced County Superior Court.

However, Supple never received a warning for any time card issues, and the time frame from when she announced her pregnancy to Human Resources and when she was suspended is a cause for concern, Snyder said.

On May 5, Supple went to Foster Farms' HR department to ask for information about pregnancy benefits, Snyder said. HR officials told her it was early on and she should come back when things had progressed, according to her lawyer.

After going back to work for two or three hours, Supple was called back into HR and was confronted with time card violations by the same HR representative, Liz Wickman, and her immediate manager, Randy Lintz, according to the complaint. She was immediately suspended while Foster Farms investigated the matter.

Supple was called back to work May 11 and was told she was terminated based on what was discovered during the investigation, Snyder said.

"That's basically the crutch of our allegations," Snyder said. "She goes in, says she's pregnant, then all of the sudden two or three hours later she's hit out of the blue with some sort of time card violation. No prior warning -- she hadn't previously been in trouble or told that there had been issues with her time in the past."

She was never given an opportunity to refute the allegations or the basis of her termination, according to the complaint.

Foster Farms isn't aware of the lawsuit, said Randy Boyce, senior vice president and general counsel.

"We haven't been served," he said. "If we are sued, we will definitely take appropriate steps to protect ourselves."

Supple is looking to be compensated for lost wages from when she was terminated until she can secure new employment, Snyder said. She's also looking for interest on lost wages and punitive damages, assuming the termination discriminated against her for being pregnant.

It's possible that the complaint will be settled out of court, as most cases of this nature are, Snyder added.

This will be Supple's first child, and her job with Foster Farms as a full-time associate programmer analyst-manufacturing was important to her livelihood, Snyder said.

"Certainly, there are issues as far as money to live on and money to take care of the child and I'm sure medical expenses," Snyder said.

The case is still in the pleading stage, he said. Foster Farms needs to respond to the lawsuit in the next couple weeks before Snyder's firm can proceed with the case.

Reporter Mike North can be reached at (209) 385-2453 or mnorth@mercedsun-star.com.