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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Home Depot argues that Rolfs has no evidence with which to carry his burden of showing pretext. In his memorandum of law, Rolfs focuses exclusively on his prima facie case, primarily by arguing that “Come on, Gene” was protected activity, and he does not refer to the McDonnell Douglas framework at all. Thus, he has nothing to say about his obligation to show that Home Depot’s explanations for his P/DNs and his PIP were pretextual. Rather, to the extent that he addresses pretext at all, he does so through stray references to “unwarranted discipline,”12 PL’s Mem. of Law (doc. no. 30-1) 28, “un*220founded discipline and criticism,” id. at 29, and “pretextual disciplinary actions,” id. While Rolfs uses those phrases, he does not actually argue that the reasons given for his discipline were pretextual.

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