Sounds like a switch issue if the treadle/pad is contacting the foot switch when you go toe-down. Perhaps the soldering is a little off such that lightly tapping the switch causes a short (i.e., wires so close that they only make improper contact when the switch is lightly bumped), or the switch is just a bit too high such that you are momentarily switching it off/breaking the connection (although not depressing the switch enough to actually "click" the switch into the closed position).
I'd suspect the former (wires making temporary improper contact and shorting) - my Tearjerker treadle contacts the switch a lot when I go toe-down, just not enough to switch it off, and I don't get any signal cut-out unless I choose to push down extra hard to engage the switch to turn the effect off.
Or maybe the switch itself is just defective (i.e., the internals are "switching over" momentarily even when the switch is not fully depressed) and needs to be replaced. But maybe someone else has a better thought.
Mike