Kay v. General Cable Corporation

KIRKPATRICK, District Judge.

The Selective Training and Service Act of 1940 as amended by the Service Extension Act of 1941, 50 U.S.C.A.Appendix § 301 et seq., provides that any person who, upon entering the military or naval service of the United States, has left “a position, other than a temporary position, in the employ of any employer” shall, in the case of a private employer, be restored to such position or to a position of like seniority status and pay, “unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so.” Section 308(b) (B).

The…