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
Original Source: https://www.courtlistener.com/opinion/10693813/rolfs-v-home-depot/ ↗

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[T]he jury reasonably could have found that “a
     reasonable person in [Marrero’s] shoes would have felt
     compelled to resign.” Alicea Rosado, 562 F.2d at 119.
     Given the inadequacy of the transfer after a long
     history of hostility and frequent complaints, Marrero
     reasonably believed that her working conditions at
     Goya would not change and that she could only
     anticipate more of the same intolerable harassment.
     If she wanted to avoid further harm, she would have to
     leave work entirely. See Cortes v . Maxus Exploration
     Co., 977 F.2d 195, 200–01 (5th Cir. 1992) (affirming
     finding of constructive discharge where employer
     refused to take adequate corrective measures to
     protect employee from future harassment). Marrero, 304 F.3d at 2 9 . Rolfs’ reliance upon Marrero is unavailing.   The plaintiff

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