Rolfs v. Home Depot U.S.A., Inc., 971 F. Supp. 2d 197 (2013)

Citation: Rolfs v. Home Depot U.S.A., Inc., 971 F. Supp. 2d 197 (2013)
Parent Document: Rolfs v. Home Depot U.S.A., Inc., 971 F. Supp. 2d 197 (2013)
Jurisdiction: New Hampshire (state)
Effective Date: 2013-09-20
Original Source: https://www.courtlistener.com/opinion/8728300/rolfs-v-home-depot-usa-inc/ ↗

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Pl.’s Mem. of Law (doc. no. 30-1) 27-28. That passage can reasonably be read as a retrenchment from the complaint, which identified both the PIP and the P/DNs as affirmative adverse employment actions. But, on the other hand, later in his memorandum, Rolfs accuses Kelly of “launching] a campaign of harassment, and unfounded discipline and criticism,” id., and contends that “it is clear that the pretextual disciplinary actions were part of Kelly’s retaliatory efforts,” id. While Rolfs’ memorandum is not entirely clear on this point, the court will read it expansively, and presume that Rolfs intends to assert that Kelly retaliated against him by putting him on a PIP and by issuing the P/DNs that led to the PIP. That said, the court begins with the relevant law and then turns to Rolfs’ two retaliation claims, one based upon Kelly’s disciplinary actions, the other based upon a purported constructive discharge.

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