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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Then, there is Rolfs’ own view of causation, as demonstrated by the undisputed record evidence. In Rolfs’ December 19, 2009, e-mail to Worcester he did not describe his first two P/DNs as retaliation for “Come on, Gene.” He did not even mention the “Come on, Gene” incident. Rather, he described those two P/DNs as “preemptive strikes” flowing from Kelly’s party rant. See doc. no. 30-10. In other words, Rolfs appears to characterize Kelly’s disciplinary actions as “retaliation” for something Kelly did, not as retaliation for something he did. As late as March of 2010, after Kelly had issued him two more P/DNs and put him on a PIP, Rolfs was saying the same thing to Deveno. See doc. nos. 30-21 (March 22 e-mail) & 24-15 (March 23 e-mail). Thus, Rolfs himself did not understand either his P/DNs or his PIP to be retaliation for “Come on, Gene” at the time those disciplinary actions were imposed, when “Come on, Gene” was still relatively fresh in his mind.

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