Derepkowski v. Smith-Lee Co., Inc.

DECISION and ORDER

MYRON L. GORDON, District Judge.

This matter is before me on cross-motions for summary judgment. The parties have stipulated as to the material facts.

The defendant employer, Smith-Lee Co., Inc., transferred its Milwaukee operations to Oneida, New York, and paid seniority-based severance benefits to all of its Milwaukee employees who were terminated at the time of such transfer.

The plaintiff, Arthur Derepkowski, who was an employee on military leave of absence at the time of the transfer of operations, made timely application for reinstatement after his military service. Mr.…