Toivania Ereachia Gill v. TBG Food Acquisition Corp.
JusticiabilityDoctri
Did the United States Western District of Virginia Court dismiss Plaintiff's claim of constructive-discharge prematurely when the burden-of-proof on the Plaintiff only requires that the Plaintiff 'merely' raise a question-of-fact regarding the claim, not establish standing-as-a-matter-of-law in order for the claim to survive dismissal and proceed-to-discovery?
QUESTION(S) PRESENTED 1) Did the United States Western District of Virginia Court dismiss Plaintiff's claim of constructive discharge prematurely when the burden of proof on the Plaintiff only requires that the Plaintiff “merely” raise a question of fact regarding the claim, not establish standing as a matter of law in order for the claim to survive dismissal and proceed to discovery? : 2) Is the proceeding of a hostile work environment claim enough to sustain a constructive discharge claim and allow that claim to proceed to discovery? 3) Does presenting misleading information to a court (such as the date of which a ‘ retaliatory adverse action was drafted) all through litigation make statements in ‘ relevance to the misleading information, made under oath, null and void? , 4) Is it unconstitutional and against a citizen’s 14th Amendment rights of equal protection of the laws when a citizen has no knowledge of how to apply the laws or the procedures of which they need to take to seek justice under those laws? 5) Does a citizen having less knowledge of the laws and less experience of how to apply the laws discriminate against them, leaving them with unequal protection of the law than other citizens privileged with more knowledge?