discrimination in refusing to rehire an employee because of pending charge filed by her
How later courts described this case
- discrimination in refusing to rehire an employee because of pending charge filed by her
Written by the judges who cited it.
The opinion
SWAN, Circuit Judge
(concurring in result).
I concur in the result. On the printed record of testimony I should have found that Miss Chilson was discharged for justifiable cause — repeated and unexcused absences from work. But since the inference as to an employer’s motive in discharging an employee must depend largely on the credibility of the witnesses, I do not feel at liberty to set aside the trial examiner’s finding, even under the liberalizing rule of the Universal Camera case (Universal Camera Corp. v. N. L. R. B.), 340 U.S. 474 , 71 S. Ct. 456 , 95 L.Ed. 456 .