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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Even if the “Come on, Gene” incident occurred toward the end of the summer of 2009, it happened too far in advance of the PIP for causation to be established by temporal proximity. As for the P/DNs, the court notes that: (1) a span of three or four months between protected activity and an adverse employment action is pretty much the outer limit for establishing causation through temporal proximity; and (2) Rolfs can do no better than to place “Come on, Gene” somewhere within a span of six months that ended no later than late September of 2009. Thus, even if the P/DNs were adverse employment actions, there is nothing beyond mere speculation to establish that even the earliest P/DN was issued soon enough after “Come on, Gene” to establish causation based upon temporal proximity, and “[c]onclusions that rest wholly on speculation are insufficient to defeat a motion for summary judgment,” Alvarado, 687 F.3d at 460 (quoting Ahem v. Shinseki, 629 F.3d 49, 58 (1st Cir.2010)).

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