Anthony

Anthony v. Basic American Foods, Inc.

Good Law
600 F. Supp. 352·117 L.R.R.M. (BNA) 3099·1984 U.S. Dist. LEXIS 21963
United States District Court, Northern District of CaliforniaNovember 15, 1984C 84-1228 TEHCalifornia2,964 words

Opinion

Opinion

Henderson, J.

ORDER

In this action both parties have moved for summary judgment on the question of whether the defendant violated the Veterans Reemployment Rights Act. The motion was taken under submission by the Court without oral argument on November 5, 1984. For reasons discussed below, the Court holds that plaintiff is entitled, as a matter of law, to prevail on this question. The Court also denies defendant’s summary judgment motion on the question of whether its liability to plaintiff terminated with the sale of its Redwood City distributorship.

Discussion

The case turns on the interpretation of the Veterans Reemployment Rights Act (“The Act”), specifically 1) whether its protections extend to leaves for reservists as long as 4V2 months or whether it is limited to leaves of 3 months duration and 2) if there is no strict 3 month limit, was the plaintiff’s leave here nonetheless “unreasonable?”

1) Is there a three month limit on leaves of absence?

The relevant portions of the Act, 38 U.S.C. § 2021 et seq., are as follows: Section 2024(d), which refers to the rights of reservists and National Guardsmen, provides that

Section 2021(b)(3), also applicable to reservists and Guardsmen…

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