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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (163)

Full Text

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[T]he timing of Gerald’s resignation does nothing to help her case. “If a plaintiff does not resign within a reasonable time period after the alleged harassment, he was not constructively discharged.” Landrau-Romero v. Banco Popular De Puerto Rico, 212 F.3d 607, 613 (1st Cir. 2000). Here Gerald voluntarily resigned from the University (and immediately started in a more lucrative position) a little over a year after the final act of harassment.... Her resignation came too late after the offensive conduct ... to be labeled a constructive discharge. See id. (seven month period between harassing acts and resignation was found to be too long to support a constructive discharge claim); Smith v. Bath Iron Works Corp., 943 F.2d 164, *225167 (1st Cir.1991) (six month period too great for a constructive discharge claim).