Comment by joecool1029
3 days ago
I don't know legally how it works, but my gut says if this is found to be a wrongful termination under state/local/FMLA, then it also stands to reason that this could also be a wrongful death. From 1960, but it covers this line of thinking wrt suicide: https://digitalcommons.law.buffalo.edu/cgi/viewcontent.cgi?a...
Anyway here's the actual complaint (I read it after I wrote the above), I guess her parents/counsel thought the same thing: https://iapps.courts.state.ny.us/nyscef/ViewDocument?docInde...
Thank you for finding this, really helpful. I checked PACER and didn't realize it was filed in state court instead.
The complaint is speaking and it is aggressively written and, to my non-lawyer mind, pretty well drafted. If I were Mongo, I would be trying aggressively to settle this and make it go away.
If I were the parents, I would be trying very hard to force any other outcome, preferably one where Mongo pays the biggest public relations price possible for what they've done, assuming the allegations are true.
The way Mongo answers the complaint will be really instructive in figuring out how they intend to play this, and in whether they think there is some explanation that will make this seem less dire.
If you’re doing a restructuring of the company, i.e. mass layoffs, you’re allowed to do it regardless. In some states FMLA/PFMLA a company is automatically presumed a retaliation firing if it’s done within 6 months and the onus is on the company to prove it wasn’t—-the mass layoff is the cover, and large companies know it.
However, the fact that they cancelled her health insurance a week before returning and demanded she returned on a certain date or she’d be terminated despite a demonstrated disability, that’s pretty whack and might be hard to defend as company-wide restructuring.