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MACON v. UNITED PARCEL SERVICE, INC.

No. 12-3080.

743 F.3d 708 (2014)

Jeff MACON, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 19, 2014.

Attorney(s) appearing for the Case

Robert G. Harken ( George A. Barton with him on the brief) of Law Offices of George A. Barton, P.C., Kansas City, MO, for Plaintiff-Appellant.

Laurence R. Tucker , Kansas City, MO, ( Thomas B. Weaver , St. Louis, MO; Meredith J. Rund , Kansas City, MO, with him on the brief) of Armstrong Teasdale LLP, for Defendant-Appellee.

Before GORSUCH, EBEL, and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

United Parcel Service (UPS) fired Jeff Macon for dishonesty. He claims this stated reason was a pretext; he was actually fired because he exercised his rights under the Kansas worker's compensation statute. In entering a summary judgment in favor of UPS, the district judge concluded the uncontested facts showed UPS to have honestly believed Macon was dishonest and discharged him in good faith. Irrespective

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