Jordan
Jordan v. Air Products and Chemicals, Inc.
Opinion
Opinion
Pregerson, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT
I. Background
Plaintiff Marvin Jordan brings this action against his former employer, defendant Air Products and Chemicals, Inc. (“Air Products”), for violation of the federal Uniform Services Employment and Reemployment Rights Act (“USERRA”), for violation of the California Military and Veterans Code, for wrongful termination, and for intentional infliction of emotional distress. The following facts are derived from the joint statement of uncontroverted facts submitted by the parties on August 19, 2002.
Mr. Jordan began working for Air Products on May 22, 2000. Prior to and during his employment with Air Products, he was a member of the United States Naval Reserve. Mr. Jordan gave Air Products advance notice that he would be absent from his employment from July 31 through August 17, 2000 due to his service in the reserves. Mr. Jordan resumed work on his next regularly scheduled shift on August 21, 2000. Shortly after reporting to work, Mr. Jordan was notified that his employment was terminated effective immediately.