DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

112585P.pdf   08/31/2012  Joe Pulczinski  v.  Trinity Structural Towers
   U.S. Court of Appeals Case No:  11-2585
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges]
Civil case - Employment Discrimination. District court did not err in applying the "honest belief" rule in determining that the employer in good faith believed plaintiff was guilty to the conduct for which he was discharged; the district court did not err in determining the stated reason for the discharge - that plaintiff was encouraging a work slowdown - was a legitimate, nondiscriminatory basis for termination which plaintiff failed to show was a pretext for discrimination under the ADA; assuming for the sake of analysis that plaintiff properly pleaded a claim that defendant deprived him of a statutory entitlement by failing to designate an absence as FMLA leave, the district court did not err in granting judgment to defendant as plaintiff failed to show he was prejudiced by the misclassification; defendant articulated a legitimate nondiscriminatory basis for plaintiff's termination which plaintiff failed to show was a pretext for discrimination based on his exercise of FMLA rights.