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discharge

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 328 U.S. 275 - Fishgold v. Sullivan Drydock & Repair Corp. · 1946Most cited · 1,463 citing opinions

Discharge normally means termination of the employment relationship or loss of a position. In common parlance and in industrial parlance a person who has been laid off by operation of a seniority system and put on a waiting list for reassignment would hardly be considered as having been 'discharged'.

How the Supreme Court has restated “discharge”

186518801900192019401948 most cited: 328 U.S. 275 - Fishgold v. Sullivan Drydock & Repair Corp. (1946)
first stateddeparted

Each Supreme Court definition of “discharge,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.

How often courts cite the cases defining “discharge”

18601900195020002030311

Court decisions citing the 3 opinions that defined “discharge” — 1,729 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.

All 3 definitions, chronological · 1865–1948

  1. 1865·70 U.S. 37 - The Kimball[p3]· cited 106×
    ORIGINAL

    The discharge mentioned does not import a delivery of the cargo; it only imports its unlading from the ship.

    charter-party

  2. 1948·334 U.S. 323 - Hilton v. Sullivan[p16]· cited 163×

    To give this one-year 'furlough' any less meaning than the statutory word 'discharge' would result in depriving government employee veterans of the entire congressional guarantee of a year's retention in their old jobs. We hold that the furlough, if applied to veterans, would be a 'discharge' within the meaning of § 8(c).