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Mitchell Byars

A Lyons woman is suing Safeway Inc. after she claims she was fired from a Longmont store for eating cookies she was using as a customer sample.

Eva Feese stated in her complaint filed Dec. 13 in Boulder County District Court that she was fired in May from the Safeway at 1623 Hover St.

Feese stated that in April, a customer asked to sample a prepackaged Pepperidge Farm cookie. Feese asked another clerk before opening the bag of cookies and writing “sample” on the bag.

She and two other Safeway employees then each sampled a cookie as well, which Feese stated was encouraged by the company so they could better assist customers. Feese said she also paid for the open bag as well as another unopened bag to take home.

Several days later, Feese was called into a manager’s office and placed on unpaid leave pending an investigation into the incident. She was let go from her position several weeks later.

Feese is alleging in the complaint that she was fired over her age and not solely because of the cookie incident. She was 60 at the time she was fired.

Neither of the other two employees was fired — though one was demoted — and Feese said her position was filled by someone younger.

Feese, who has been working at Safeway for 14 years, said in the complaint she always received positive performance reviews.

She is seeking damages as well as reinstatement to her former position at the Safeway.

A spokeswoman for Safeway’s Denver division declined to comment, saying the company does not comment on personnel matters.

Contact Camera Staff Writer Mitchell Byars at 303-473-1329 or byarsm@dailycamera.com.