Employment Appeal Brief Guidance

Summary

Marcus, a Texas employee, faced retaliation and wrongful termination after reporting racial discrimination at his workplace. He preserved evidence in the form of witness statements and text messages. After being offered compensation in mediation by the EEOC, which he declined, he decided to appeal his case to the 5th Court of Appeal. His claims include violation of his Seventh Amendment rights and denial of his motion for discovery. He believes the magistrate judges decision was incorrect as he feels all the evidence was not considered.

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I need a appeal breif for 5th court of appeal
What is the nature of your appeal? This will help me provide you with more specific information.
Employment rights
What specific employment rights issue are you appealing?
Retalition, wrongful termination,
What state are you in? This will help me provide you with the specific employment laws applicable in your area.
Texas
What is the basis of your claim for retaliation and wrongful termination?

In Texas, employment is generally "at will" but retaliation and wrongful termination due to protected activities are illegal.
I was fired after I reported I was being discriminated against
What type of discrimination did you experience? In Texas, it's illegal to retaliate against an employee for reporting discrimination based on race, color, national origin, religion, sex, or disability.
race, color
Did you report the discrimination to your employer or a government agency before your termination?
yes
What was the response of your employer or the government agency when you reported the discrimination?
I was fired
What evidence do you have to support your claim of retaliation and wrongful termination?
Witness statements and text messages
Do you have these witness statements and text messages preserved and are they clearly indicating the discrimination and retaliation?
Yes
What is the timeline of these events, specifically when you reported the discrimination and when you were terminated?
I was fired twice I reported on August !* * company let me come back and was fired again on sept * *
Did you file a complaint with the Equal Employment Opportunity Commission (EEOC) after your termination?
Yes
What was the outcome of your complaint with the Equal Employment Opportunity Commission (EEOC)?
I was offered compensation in mediation but I declined
Why did you decline the compensation offered in mediation?
It wasn't fair
What amount of compensation do you believe would be fair in your situation?
Im suing for * million
What is the basis for your claim of $* million in damages?
* usc * haș no cap
What is the status of your case at the 5th Court of Appeals?
I have a deadline for appeal breif
What is the deadline for your appeal brief?
Sept * *
What is the current date?
August * *
What specific points are you planning to raise in your appeal brief?
How I ask for Jury demand and didn't get it instead the case was and my seven admendant was violated and which didn't allowed motion of discovery and how I sent alot information to show the case was a lie because I was offered money
What evidence do you have to support your claim that your Seventh Amendment rights were violated and your motion for discovery was denied?
I asked for a jury demand in the complaint and I never mad it to discovery level the magistrate judge ruled not a jury
What was the reason given by the magistrate judge for denying your request for a jury trial?
Failure to state a claim
What specific claim did the magistrate judge say you failed to state?
for the whole case
What was the specific reasoning provided by the magistrate judge for dismissing your entire case?
Not enough evidence
What steps have you taken since the magistrate judge dismissed your case due to lack of evidence?
I appeal it with 5th circuit
What is the specific reason you believe the magistrate judge's decision was incorrect?
Because he didn't read all the evidence
What makes you believe that the judge didn't read all the evidence?
Because he ruled after I sent information about the the case being a lie
What specific information did you send to the judge that you believe proves your case was not a lie?
It was the text messages from a employee saying that I was treated wrong and the place is better now, and I added the part about the company offering me compensation
What was the response of the court when you submitted the text messages and information about the company offering you compensation?
He dismissed it with predjudice
What is the reason for the court's dismissal with prejudice?
Failure to state a claim
What specific points did the court mention in their dismissal that led to the "failure to state a claim"?
I didn't say enough in the claim to make a complaint
What specific details did you include in your initial claim?