Dustin Hess v. Union Pacific Railroad Co.

ERICKSON, Circuit Judge.

Dustin D. Hess ("Hess"), appeals from a grant of summary judgment by the district court 1 in favor of Union Pacific Railroad, a Delaware Corporation ("Union Pacific"). Hess claims that he was terminated for engaging in a protected activity. Union Pacific countered, and the district court agreed, that he was terminated for violating the railroad company's absenteeism policy. We affirm.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Assuming the facts in a light most favorable to the non-moving party, Hess was originally hired as a brakeman for Union Pacific in 2004 and…