New Action filed in the United States District Court Northern District of New York

Agoney v. PRNC Operating, LLC d/b/a Plattsburgh Rehabilitation and Nursing Center and Elena Vega Castro, individually; Index No.:8:23-cv-1168

On September 11, 2023, Plaintiff Agoney, by and through her attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for her Complaint against PRNC OPERATING, LLC d/b/a PLATTSBURGH REHABILITATION AND NURSING CENTER (“PRNC”) and ELENA VEGA CASTRO, individually, (collectively, where appropriate, as “Defendants”), alleges upon knowledge as to herself and her own actions, and upon information and belief as to all other matters, as follows:

Defendants are a New York limited liability company that operates a rehabilitation and nursing center in Plattsburg, New York and its Administrator. Plaintiff worked for Defendant PRNC from 1990 until October 20, 2021, and was promoted four times before becoming PRNC’s Director of Nutrition and Food Service.  Defendant Castro was hired by PRNC as an Administrator in 2014, in which role she became and remained Plaintiff’s direct supervisor until Plaintiff’s termination. As described below, Defendants interfered with Plaintiff’s ability to take Family Medical Leave Act (“FMLA”) leave to care for her disabled husband, who was greatly ill with COVID-19, by attempting to dissuade her from doing so by falsely informing her that the FMLA would not protect her job.  Then, after Defendants finally relented and granted her request, Defendants retaliated against Plaintiff for taking leave protected by the FMLA, and/or discriminated against Plaintiff on the basis of her association with her husband’s disability, by terminating her employment just two days after she returned to work from her leave.

If any individual is or has previously been an employee of the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.