Smith v. Sears, Roebuck & Co.

MEMORANDUM AND ORDER

Now before the Court is defendant’s motion for summary judgment in this wrongful termination action. The Court heard oral argument on this matter on April 26, 2002. At that time the Court took the matter under submission and invited the parties to submit supplemental evidence. Having carefully considered all of the papers filed-by the parties, including supplemental submissions from both sides, the Court hereby GRANTS in part and DENIES in part defendant’s motion for summary judgment.

BACKGROUND

Defendant, Sears Roebuck & Co. (“Sears”), hired plaintiff, Keith Smith, as an appliance installer on October 1, 1987 in Santa Rosa, California. Within several months he was promoted to “Service Technician,” a position he retained until he was terminated in 1997.

On January 25, 1996 plaintiff suffered a serious knee injury playing basketball. He received treatment through Kaiser Foundation Health Plan, Inc. (“Kaiser”), where he was advised to take leave from work until February 20, 1996. Smith returned to work from February 20 through March 25. During that time Smith’s supervisor, John Dell, agreed to assign other technicians to calls that Smith felt he was unable…