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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Here, the court has no difficulty concluding that the reasons stated in the P & DS for placing Rolfs on a PIP were not pre-textual. Before Kelly placed Rolfs on the PIP, he had issued Rolfs four P/DNs. The first P/DN, dated November 8, 2009, came close on the heels of store walks by both Kelly and Deveno, and it is undisputed that after a store walk in late October or early November, Deveno was dissatisfied with the condition of Rolfs’ store. The third P/DN was based, in part, on a “District Business Walk” conducted by Kelly and two other Home Depot managers. See doc. no. 24-10. The participation of several managers other than Kelly in store walks that led to two of the P/DNs that led to Rolfs’ PIP undermines any suggestion that Kelly was using either the P/DNs or the PIP to engage in a vendetta against Rolfs. Rather, that fact strongly supports a conclusion that the appraisals of Rolfs’ performance reflected in the P/DNs and the P & DS were shared by Home Depot management as a whole, not just the individual manager who Rolfs identifies as his antagonist.

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