Swearingen v. Owens-Corning Fiberglas Corp.
United States Court of Appeals for the Fifth Circuit
968 F.2d 559 (1992)
- Written by Kelsey Libby, JD
Facts
Vergie Swearingen (plaintiff) was employed by Owens-Corning Fiberglas Corporation (OCF) (defendant). Swearingen sustained a workplace injury and remained out of work for approximately four years, during which time she applied for and received workers’-compensation benefits. Swearingen belonged to a union that was covered by a collective-bargaining agreement (CBA) with OCF. The CBA included an absence-control policy, which provided that any employee absent for 24 consecutive months would lose their seniority rights. In September 1988, OCF terminated Swearingen’s employment pursuant to the absence-control policy. Swearingen brought suit against OCF under Article 8307c of the Texas workers’-compensation law. The district court entered a take-nothing judgment against Swearingen, and Swearingen appealed.
Rule of Law
Issue
Holding and Reasoning (Goldberg, J.)
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