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.
Unfortunately, it’s not as strong a case as you’d think. One of three cases has to be true: either she was disabled and unable to work, disabled but able to fulfill job duties, or not disabled at all.
In the first case Mongo can likely fire her once FMLA is up (notice that the termination is 12 weeks after she started leave). Disabilities aren’t protected if they leave you unable to perform job duties, which is what Mongo will claim. Notice how the complaint tries to say additional leave is “reasonable accommodation”. Mongo will claim not working at all means you’re not fulfilling job duties and that she used up her FMLA.
In theory if you become unable to do your job due to disability you should get disability insurance, which is mandatory in NY, but it sounds like Prudential rejected the claim, hence the letter from the doctor there.
In the latter two cases, then Mongo will claim that she could come back to work and asking her to was not violating any ADA laws, and that they would have been willing to make e.g. scheduling accommodations for any treatments and so on to accommodate a disability that doesn’t prevent her from fulfilling core job duties.
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.