A Washington County judge has denied a motion by Tyson Foods for a restraining order and injunction as part of a job dispute suit against a former top executive.
Earlier in June, Tyson Foods sued Brian Baker and competitor Foster Farms, contending Baker left his role with Tyson as vice president of poultry optimization for a job with Foster Farms LLC in violation of a non-competition agreement. Tyson argued Baker's industry know-how could harm Tyson financially in his new role.
Tyson asked the court to bar Baker from working for Foster Farms along with other forms of relief, including possible damages along with attorney's fees and court costs. A temporary restraining order requested by Tyson stopping Baker's employment was issued by the court on June 9.
In his order signed Tuesday, Washington County Circuit Judge John C. Threet said he denied Tyson's motion for the ex parte restraining order and injunction based on evidence and arguments during a hearing on June 21. The order dissolves the temporary restraining order effective June 21.
The order also notes that during the hearing Tyson withdrew its motion for a temporary restraining order and injunction against Foster Farms. Threet's order also states a prior order permitting expedited discovery in the suit is still in effect.
Tyson contends Baker signed non-competition and non-solicitation agreements and that it would be impossible for him, in his new role with Foster Farms, to not use confidential information he gained during his nearly 20 years with Tyson to benefit Foster and harm Tyson.
In its response to the suit, Foster Farms contends Tyson "shot without aiming" since Baker isn't employed by Foster Farms LLC. In the court documents, Foster Farms notes, among other things, that Baker is employed by its parent company, the recently formed Foster Poultry Farms, as a vice president-treasurer, a role it says is significantly different from the role he had with Tyson. Foster Poultry Farms was formed when Atlas Holdings acquired Foster Farms, according to the filing.
In filings with the court, Baker's attorney also argues, among other things, that Baker didn't go to work for Foster, but instead for its parent company, and that he is not in violation of the agreement he signed with Tyson. The filing notes Tyson has provided no evidence Baker gave Foster any trade secrets or any competitive advantage.
In its court filing earlier this month, Tyson notes that Baker began working for Tyson Foods in 2004, took on the role of vice president of poultry optimization in 2021 and in that role had intimate knowledge of and used a "trove of Confidential Information." Before taking the post, Baker served as vice president of business operations, where he also was privy to the company's confidential information, according to the filing.
Tyson's former top executive, Donnie Smith, was hired to lead the newly acquired company as chief executive officer and chairman of the board. Smith served as Tyson CEO from 2009 through 2016 and worked for Tyson for 36 years.
Foster Farms books revenue of about $3 million annually, employs around 10,000 workers and has facilities in California, Washington, Louisiana, Oregon and Alabama, according to the company. The terms of the acquisition deal were not released. Connecticut-based Atlas Holdings, along with its affiliates, owns and operates 25 companies in a wide variety of sectors including food manufacturing, according to the company.