Forbes v. Best Buy Co.

── Forbes v. Best Buy Co. ── Case No.: 25-1168 Court: Court of Appeals for the Tenth Circuit Date: March 19, 2026 Category: General Appellate Case: 25-1168 Document: 28 Date Filed: 03/19/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT March 19, 2026 _________________________________ Christopher M. Wolpert Clerk of Court COREY CURTIS FORBES, Plaintiff - Appellant, v. Nos. 25-1168 & 25-1276 (D.C. No. 1:23-CV-01574-CNS- BEST BUY CO., INC., MDB) (D. Colo.) Defendant - Appellee. _________________________________ ORDER AND JUDGMENT * _________________________________ Before MATHESON, Circuit Judge, LUCERO, Senior Circuit Judge, and BACHARACH, Circuit Judge. _________________________________ This case involves the interplay between an employer ’s attendance policy and the Covid-19 pandemic. The overarching disagreement is whether the employer violated Colorado law by firing an employee for missing work after getting Covid. * Oral argument would not help us decide the appeal, so we have decided the appeal based on the record and the parties’ briefs. See Fed. R. App. P. 34(a)(2)(C); 10th Cir. R. 34.1(G). This order and judgment does not constitute binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. But the order and judgment may be cited for its persuasive value if otherwise appropriate. See Fed. R. App. P. 32.1(a); 10th Cir. R. 32.1(A).  Appellate Case: 25-1168 Document: 28 Date Filed: 03/19/2026 Page: 2 1. The employee is fired after getting cleared under the Covid-19 policy. The plaintiff is Mr. Corey Forbes, who worked for Best Buy Co., Inc. Best Buy had separate policies for attendance and Covid-19. Before Covid-19 struck, the attendance policy required employees unable to work to notify management at least one hour before their shifts. Employees would get fired if they missed three straight days without giving notice. R. vol. 1, at 415–16. Best Buy changed some of its attendance policies during the pandemic. For example, if employees tested positive for Covid-19, they wouldn’t need to return to work until (1) at least ten days had passed from the onset of symptoms and (2) there were no more symptoms. R. vol. 1, at 412 ¶ 9. In 2021, Mr. Forbes tested positive for Covid-19 and invoked the new policy. Six days later, a supervisor asked Mr. Forbes when he would return to work. He responded that he had been cleared to return on December 20, 2021. Id. at 351–52. But Mr. Forbes didn’t come to work on December 20 or 21. On December 21, Mr. Forbes texted that he would return on December 22. But Mr. Forbes again missed work without telling Best Buy before his shift. Near the end of Mr. Forbes’s shift, his supervisor asked about the absence. Mr. Forbes responded that he had needed to resolve an arrest warrant for 2  Appellate Case: 25-1168 Document: 28 Date Filed: 03/19/2026 Page: 3 unpaid traffic tickets. Best Buy then fired Mr. Forbes for violating the attendance policy. 2. The district court correctly grants summary judgment to Best Buy on two statutory claims. Mr. Forbes sued Best Buy, claiming that he was fired for using the Covid-19 policy. For this claim, h