Napreljac v. John Q. Hammons Hotels, Inc.

505 F.3d 800, 26 I.E.R. Cas. (BNA) 1200, 19 Am. Disabilities Cas. (BNA) 1313, 2007 U.S. App. LEXIS 23718, 2007 WL 2935807
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 10, 2007
Docket06-4038
StatusPublished
Cited by8 cases

This text of 505 F.3d 800 (Napreljac v. John Q. Hammons Hotels, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Napreljac v. John Q. Hammons Hotels, Inc., 505 F.3d 800, 26 I.E.R. Cas. (BNA) 1200, 19 Am. Disabilities Cas. (BNA) 1313, 2007 U.S. App. LEXIS 23718, 2007 WL 2935807 (8th Cir. 2007).

Opinion

LOKEN, Chief Judge.

Zhudija Napreljac sued his former employer, John Q. Hammons Hotels, Inc. (Hammons), alleging that he was wrongfully terminated as a hotel maintenance engineer for falsely reporting a workplace injury. The district court 1 granted Ham-mons’s motion for summary judgment. Napreljac v. John Q. Hammons Hotels, Inc., 461 F.Supp.2d 981 (S.D.Iowa 2006). Napreljac appeals the dismissal of two claims, an Iowa common law retaliatory discharge claim for exercising his statutory right to workers’ compensation benefits, and a claim of disability discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12112(a). Reviewing the grant of summary judgment de novo and the summary judgment record in the light most favorable to Napreljac, the non-moving party, we affirm.

I. Background

Napreljac began working for Hammons in September 2000. In January 2002, he received workers’ compensation benefits for neck surgery after he reported an injury lifting wet carpet. He returned to work subject to temporary job restrictions that ended in March 2003. In August 2003, three days after a supervisor criticized Na-preljac’s failure to complete his work, he complained about back problems and work overload and then reported a back injury from moving a television. He again received workers’ compensation benefits for medical treatment, and a physician placed him on temporary work restrictions. Na-preljac was assigned light duty, primarily folding towels in the laundry and picking up garbage on the hotel grounds.

On the morning of September 18, 2003, while picking up garbage near the east loading dock, Napreljac told supervisor Scott Johnston that his back was bothering him. Later that morning, after reporting to the laundry to fold towels, Napreljac told supervisor Kevin Beaver that he (Na-preljac) had slipped and fallen on the stairs near a loading dock that morning. Beaver related what Napreljac told him to Human Resources Manager Jayne Schmel-ing. At the request of Shannon Kaufman, the hotel’s General Manager, Beaver and Johnston documented these conversations *802 later that day. Napreljac denies telling Beaver that he fell on the stairs.

Beaver and two human resources employees (Schmeling and Jane Postier) accompanied Napreljac to the stairs in question and asked him to demonstrate what happened. Napreljac said he was picking up trash on the stairs and took a step that made his back hurt. Schmeling prepared an accident/investigation report stating that Napreljac had injured himself while “walking down the steps picking up garbage,” and listing the time of the accident as 8:30 a.m. The document appears to be signed by Napreljac below the description of the injury, but he denies having signed it. Meanwhile, Kaufman began reviewing tapes from a security camera pointed at the stairs in question.

Hammons reported Napreljac’s injury to its workers’ compensation provider, and Napreljac went to see a doctor. The doctor’s notes from this visit stated: “Today while going down steps and picking up garbage with a stick, [Napreljac] stepped with R foot and felt extreme pain in R mid low back radiating to both legs.” The doctor diagnosed a mild lumbar strain, placed Napreljac on tighter temporary work restrictions, and reported that he could return to work the following day.

Later that day, Kaufman discussed the investigation with Schmeling and Postier, reviewed the doctor’s notes, and was told by Johnston that Napreljac had not mentioned an incident on the stairs when they spoke at 8:45 that morning. Kaufman testified that the video did not show Naprel-jac on the stairs at 8:30 a.m., the time noted on the accident/investigation report, and did not show him picking up litter on the stairs at any point that morning. The video provided no support for the claim that Napreljac hurt himself going down the stairs, as Kaufman saw no sign of injury when Napreljac did appear on the video walking down the stairs.

After giving Napreljac an opportunity to confirm or change what he said had happened, Kaufman suspended him without pay pending further investigation. Kaufman terminated Napreljac six days later. The Notice of Termination explained that “falsification or alteration of company records is just cause for immediate dismissal” and an investigation proved, contrary to Napreljac’s signed accident report, that he “was not injured while picking up litter on said date of 9-18-03[at] said time of 8:30 a.m.” Following his termination, Napreljac accepted a job at another hotel, where his activities included replacing drywall. When deposed in February 2006, Naprel-jac held a job that included lifting boxes of medicine.

II. Workers’ Compensation Retaliation

Napreljac first argues that the district court erred in dismissing his claim of retaliatory discharge. Iowa common law provides a cause of action for an at-will employee who is discharged contrary to public policy, which includes being discharged “due to the filing of a workers’ compensation claim.” Springer v. Weeks & Leo Co., 429 N.W.2d 558, 560 (Iowa 1988). To recover damages, the employee must prove that he was discharged in retaliation for engaging in protected activity. The Supreme Court of Iowa has not attempted to define protected activity in this context, other than to describe it generally as “asserting statutory workers’ compensation rights.” Springer v. Weeks & Leo Co., 475 N.W.2d 630, 633 (Iowa 1991). Thus, one issue is whether Napreljac engaged in protected activity when he falsely reported to Hammons that he had suffered a workplace injury that might give rise to a workers’ compensation claim.

*803 The Supreme Court of Iowa has applied this retaliation doctrine in a number of cases. In most, the protected activity was clear, as plaintiff had actually filed a claim for workers’ compensation benefits. See, e.g., Sanford v. Meadow Gold Dairies, Inc., 534 N.W.2d 410, 412 (Iowa 1995). The Court in these cases generally defined the tort as requiring the filing of a claim, but in other cases it has not limited the universe of protected activities to employees who filed claims. For example, in Niblo v. Parr Mfg., Inc., 445 N.W.2d 351, 353 (Iowa 1989), the Court affirmed a verdict in favor of a plaintiff who was discharged for merely threatening to file a claim.

On the other hand, expressing concern with “the specter of a proliferation of common-law suits in an area largely preempted ... by workers’ compensation procedures,” the Supreme Court of Iowa held in Below v. Skarr, 569 N.W.2d 510, 512 (Iowa 1997), that “claimed harassment of a worker, including threatened termination, does not give rise to a claim at common law.” See also Yockey v.

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Bluebook (online)
505 F.3d 800, 26 I.E.R. Cas. (BNA) 1200, 19 Am. Disabilities Cas. (BNA) 1313, 2007 U.S. App. LEXIS 23718, 2007 WL 2935807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/napreljac-v-john-q-hammons-hotels-inc-ca8-2007.