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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rolfs v. Home Depot, 2013 DNH 121 (2013)

Citation
Rolfs v. Home Depot, 2013 DNH 121 (2013)
Parent Document
Rolfs v. Home Depot, 2013 DNH 121 (2013)
Jurisdiction
New Hampshire (state)
Effective Date
2013-09-20

Other Sections in This Document (677)

Full Text

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In order to establish that Goya should be held
     responsible for the economic losses she suffered as a
     result of quitting, Marrero had to show that her
     working conditions were “so difficult or unpleasant
     that a reasonable person in [her] shoes would have
     felt compelled to resign.” Alicea Rosado v . Garcia
     Santiago, 562 F.2d 1 1 4 , 119 (1st Cir. 1977). The
     standard is an objective one; it “cannot be triggered
     solely by the employee’s subjective beliefs, no matter
     how sincerely held.” Suarez v . Pueblo Int’l, Inc.,
     229 F.3d 4 9 , 54 (1st Cir. 2000); see also Calhoun v .
     Acme Cleveland Corp., 798 F.2d 559, 561 (1st Cir.
     1986) (“[T]he law does not permit an employee’s
     subjective perceptions to govern a claim of
     constructive discharge.” (internal quotation marks
     omitted)). 304 F.3d at 2 8 ; see also Gerald, 707 F.3d at 2 5 . The Marrero court described the employee’s objectively intolerable working conditions this way: