concurring in part and dissenting in part:
The majority imposes liability based on its holding that “applying [the] facts to Texas’ definition of ratification clearly reveals that Mr. Rippy ratified Mr. Baugh’s infliction of emotional distress upon Mrs. Prunty.”1 *656However, Mrs. Prunty did not plead ratification.2 Because her pleadings did not encompass ratification, Mrs. Prunty did not intend to, nor did she, prove ratification.3 She did *659not argue ratification to the district court.4 See United States v. Garcia-Pillado, 898 F.2d 36, 39 (5th Cir.1990) (“We have stated that issues raised for the first time on appeal ‘are not reviewable by this court unless they involve purely legal questions and failure to consider them would result in manifest injustice.’ ” (citations omitted)). The district court did not find ratification.5 Nor did she *660preserve this issue on appeal.6 See Weaver v. Puckett, 896 F.2d 126, 128 (5th Cir.1990) (Stating that appellant abandoned issue on appeal, because “Fed.R.App.Proc. 28(a)[ (5) ] requires that the appellant’s [brief] contain the reasons he deserves the requested relief “with citations to the authorities, statutes and parts of the record relied on.’ ”), cert. denied, 498 U.S. 966, 111 S.Ct. 427, 112 L.Ed.2d 411 (1990). Nonetheless, the majority reverses on the basis of ratification.
Accordingly, I respectfully dissent from Part II.B. of the majority opinion.
. I join the majority in their revulsion of Chuck Baugh’s conduct, which was more than adequately proven below. My disagreement with the majority opinion lies in the method by which it imposes liability; that is, by changing Mrs. Prunty's only viable appellate argument — course and scope of employment — to an appellate point that she did not contend — ratification. See maj. *656op. at 652 n. 8 (acknowledging that Mrs. Prunty challenges the district court's finding that Mr. Baugh had not acted within the course and scope of employment, but disposing of the case on other issues).
. Mrs. Prunty’s claim that Arkansas should have investigated and determined the cause of the problems between her and Mr. Baugh is the closest that Prunty comes to making a ratification argument. See Record on Appeal, vol. 1, at 5 (Plaintiff's Original Petition) ("Arkansas Freight Way failed to take any corrective action after they were notified of the Plaintiff's complaint.”); Brief for Prunty at 19 (Prunty "made repeated complaints as to Chuck Baugh's [conduct] but Arkansas turned a deaf ear.... [A]ny reasonable employer would investigate to determine what is the cause of the problems.”). Prunty’s contention that Arkansas breached its duty to investigate her complaints is better characterized as a claim of negligence, rather than ratification. "Ratification" is
the adoption, confirmation or failure to repudiate prior unlawful acts which were not legally binding at a time when the [defendant] had the right and knowledge of facts necessary to repudiate such conduct; but which, by ratification or by the failure to repudiate, become the acts of the defendant.
Maj. op. at 653. "Actionable Negligence” is defined as "[t]he breach or nonperformance of a legal duty, through neglect or carelessness, resulting in damage or injury to another. It is failure of duty, omission of something which ought to have been done, or which reasonable man, guided by considerations which ordinarily regulate conduct of human affairs, would or would not do." Black’s Law Dictionary 29 (6th ed. 1990). By requiring knowledge of facts necessary to repudiate unlawful conduct, ratification requires a higher standard of proof than actionable negligence. The record clearly demonstrates that Mrs. Prunty never argued that Mr. Rippy knew of facts about Mr. Baugh's unlawful conduct necessary to repudiate such conduct, but only that Mr. Rippy had enough information to conduct an investigation. See infra notes 3 & 4.
. The record clearly shows that Mr. Rippy did not know about the extreme and outrageous nature of Mr. Baugh's conduct. For example, compare the generalities contained in Mrs. Prunty's letter to Mr. Rippy (Oct. 21, 1988) with the specifics in her letter to Sheridan Garrison (Apr. 25, 1989). In her October 21 letter, Mrs. Prunty stated:
I know you are a busy man and the problems you face each day are tremendous but the situation here at Paris has come to be a real problem. As you know in the past we have had a few problems but we were able to pull together and work things out. I was all excited about the growth and expansion at our terminal and welcomed Chuck Baugh aboard as Terminal Manager with great expectations. Chuck came across to us all as a leader and with all the experience and abilities it takes to be one.
It wasn't 48 hours later and we had a problem and it's become a bigger one every [sic] since. I have been trying to work with Chuck on many things and I want to work with Chuck but I want him to have as much respect for me as I have shown for him.
He has made sarcastic remarles as to why he was hired as Terminal Manager saying "If you had been doing your job they wouldn’t have had to hire me.” He also has said "As a 'woman' I would like to see you make it in this business as a [sic] Operations Supervisor.” I use [sic] to feel secure in my job with Arkansas Freightways but Chuck has threatened my job on several occasions in the last five weeks.
Our relationship has deteriated [sic] to the point where we are unable to peacefully discuss matters. He has an abusive language (not cursing) it is the tone of voice he uses. I have been trying to do as you ask me to and do what ever he asks me to do but things are not working out as well as expected.
His attitude toward his job is effecting [sic] each and everyone of us negatively at Paris.
Please help!
Plaintiff's Exhibit 2. In her April 25 letter, Prun-1y wrote:
I am reluctant to write you concerning the problems I am having with the local Terminal Manager, Chuck Baugh. I sent a letter to Mr. Rippy concerning this some months back. I had no reply to this letter (copy attached). If something had been said then maybe things would not have progressed as they have. Chück has went [sic] beyond the limits of professionalism by making rude and obscene comments about me personally and about me and some of the other people that work at the local terminal. I have witnesses to this effect. He has also told these obscene things about me to another member of management at a terminal in our area.
He is continually putting me down as a woman in this profession. I would appreciate your help in correcting this situation fore [sic] it has gotten totally out of control.
Customers in the area are also aware of the problem we are having and have brought this matter to Chucks’ [sic] attention on two separate accosions [sic] (Hon Fum. and Texas Tag). This problem is spreading beyond the confines of this office and I am not interested in seeing Arkansas Freightways new reputaion [sic] in Texas being destroyed by one persons [sic] obviously disturbed actions.
.Plaintiff’s Exhibit 3.
Furthermore, and perhaps more importantly, compare the graphic descriptions of Baugh's *657conduct, maj. op. at 654 n. 14, with Mrs. and Mr. Prunty’s testimonies at trial which indicate that Mr. Rippy was never informed of Mr. Baugh’s specific acts.
Mrs. Prunty testified:
Questions by Ms. Colson:
Q After he was hired, did you have a discussion with Mr. Rippy about Mr. Baugh?
A Yes, ma’am. I had one discussion with him that first week.
Record on Appeal, vol. 2, at 24.
Q Within the first week, what sort of discussion did you have with Mr. Rippy?
A Well, I told him that this — you know, that we weren’t getting along well and that the way he was, you know, trying — I believe I told him exactly what he said, that, you know, he would like to see me make it as a woman in operations supervisor and that we weren't — you know, we just weren't clicking together. We couldn’t get along. Everything was just like, whatever I did, it was wrong. He told me we would just have to work our problems out between us.
Q The remarks that you [sic] were making at this time, was it out of your job performance or were they more of a personal nature?
A Just seemed like it was just personal to me, because I was doing exactly what I had been doing before. I could realize that some things, you know, probably need to be changed, you know, to improve it a little bit, but, you know, no matter how X did it, if I done it the way he wanted, that wasn’t the way it was supposed to have been done.
Id. at 25-26.
Q Did you ever — after your conversation with Mr. Rippy, did you ever contact — first conversation, did you ever contact him again?
A Yes, ma’am. I called Mr. Rippy at home. Me and the other drivers got together and we decided if we called him and all of us called him that he would do something. So after we all got through working that night we decided we would call him. We called him from work and all of us were there, me and Jeny and Robert and Tim, and we decided we would call him at home, because that's how important it was.
So we called him at home and I told him, you know, that we were having problems and we couldn't get things worked out and that he was acting in an unprofessional manner. And he just told us, you know, that we would have to just, you know, work with it, what we — to work things out. And I told him, I said: Well, we're all — you know, we don't want to quit, you know, meaning all of us. And he said: Well, if y’all want to find another job, it would be fine with him.
Q As I understand it, you told him that Mr. Baugh was acting unprofessional?
A Yes, ma’am.
Q What else did you tell him about his behavior?
A I just, you know, told him that we — the way he would, you know, do things, it was just — I didn’t see it was a correct way to do. It was just — lack of words to put it how he was acting.
Id. at 37-38.
Q Then you sent him a letter and then y’all called him all one evening?
A Yes, ma'am.
Q Did anyone else that you know of contact Mr. Rippy about the problems?
A Not that I'm aware of.
Id. at 41.
Q Did your husband ever contact Mr. Rippy?
A Yes, Ma’am. He called him at home. When he was in California he had called me at work and I was upset, and somehow or another he got Mr. Rippy's home phone number and he called Mr. Rippy at home. I asked him not to, but he did.
Id. at 41.
Questions by Mr. Gilker:
Q When he came and interviewed you, did you ever tell Mr. Rippy about that as part of the problems you had with Arkansas Freight-ways?
A No, sir. I don't believe Mr. Rippy was aware of that photograph.
Q When you spoke to Mr. Rippy and he interviewed you on 4/28/89, did you tell him about this dream incident that Mr. Baugh allegedly made?
A That what?
Q The dream statement that Mr. Baugh allegedly stated.
A When Mr. Rippy came down in April '89?
Q The day he came up and investigated the problems.
A I don’t recall what was said to Mr. Rippy that day. I told him some of the things that day what was said, yes. I couldn't say it to him. I believe I wrote it down, because I couldn't say it to him.
Q Had you ever told Mr. Rippy before that day about any of these problems that you have testified a minute ago?
A Not in graphic detail I did not. I just told him that he was acting in an unprofessional manner, and that’s what I said to Mr. Rippy.
Q Did you ever say, “He’s wearing a tie with a naked woman on it”?
A No, sir.
Q Or did you ever say, “He's wearing a belt buckle that I consider offensive” to Mr. Rippy?
A No, sir.
Q Did you ever tell him — you said he was acting unprofessional. What context did that statement come up? Was that the telephone call with you and the other three employees were on?
A I believe so. I called him at home and we was trying to make him aware that we were having problems there, and he just — if he had just came and talked to us that day.
Id. at 61-62.
Q And in this phone call, you didn’t tell him that — you did not tell him about the tie incident or any of the inappropriate remarks that he was making to any of the employees?
A No, sir.
*658Q The most you said is, what, he is acting unprofessional and you complained about how the terminal is being run?
A Yes, sir.
Id. at 63.
Questions by the Court:
Q You say that you told Mr. Rippy when you first talked to him about a problem in the office that he was acting in an unprofessional manner.
A Yes, sir.
Q Is that your testimony?
A Yes, sir.
Q Did you say anything further as to how he was acting in an unprofessional manner?
A No, sir, and Mr. Rippy did not ask.
Q He didn’t ask what you meant by that?
A No, sir.
Q He just said you all needed to get along?
A Yes, sir.
Q How many times did you advise Mr. Rippy that he was acting in an — I talking about Mr. Baugh — was acting in an unprofessional manner, either in writing or orally?
A I can recall at least three phone calls that I called him, two to Dallas and one to his home. And then I wrote him the letter and sent it to the Dallas terminal.
Q Were all of those conversations the same with regard to whether or not you discussed how he was acting in an unprofessional manner?
A Yes, sir. I would just say, you know, that things weren't working out or, you know, that he's, you know, not acting responsibly or unprofessional, and he would say the same thing, you know, we just have to work it out, you know. That was between me and him and he wanted us to get along and for the Paris terminal to run, you know, smooth and everything.
Q He never inquired—
A No, sir.
Q —as to what the problem was?
A No, sir.
Q On the other hand, you never specifically referred to any offensive remarks that may have been made of a sexual nature?
A No, sir.
Id. at 73-75 (emphasis added). Mr. Jerry Prunty testified:
Questions by Ms. Colson:
A Yes. I called Mr. Rippy one night and talked to him.
Q When was this?
A I don't know when the date. I was in California when I called him.
Id. at 86.
Q And I believe you said you were in California?
A Uh-huh.
Q And who did you call?
A Mr. O.D. Rippy.
Q And what was the nature of your — did you get to talk to Mr. Rippy?
A Yes, I did.
Q And did he know who you were?
A Uh-huh.
Q And what was the nature of your discussion?
A Well, I just asked him about Chuck and the stuff that they had done, you know, what he had done, the talk and all the—
Q Did you give specific details?
A No, I didn’t go into that.
Q What did you tell him? Did you talk to him about remarks that were being made?
A Uh-huh, about the remarks and stuff he had made and the gestures he had made.
Q And when you talked about those, what did you tell him specifically?
A That — just that’s all I asked him, could he— could he see about doing something about it.
Q And you did mention about gestures and remarks that were being made?
A Yes, I did.
Q What was Mr. Rippy's reaction?
A He told me they would have to work that out, that her and Mr. Baugh would have to work that out.
Id. at 87-88 (emphasis added).
Questions by Mr. Gilker:
Q When you called Mr. Rippy from California, do you remember the date?
A No, I can’t.
Q Was it before Christmas or after Christmas?
A I don't remember.
Q What specifics did you tell Mr. Rippy in this telephone conversation?
A Well, I just told him Mildred was under a lot of stress and that she hadn’t been, you know, since Mr. Baugh had come. They just weren’t getting along and all the remarks and stuff.
Q Now, what remarks did you tell Mr. Rippy about?
A I didn’t tell — I didn’t go into it. I just said remarks and the gestures.
Q There was a lot of stress since Mr. Baugh had taken over?
A I just said the things he was saying about her that those drivers had told me and that she had told me.
Q What things did you tell Mr. — I guess—
A That’s all I told him, just the remarks. I said something about the remarks.
Q I'm not clear. What remarks did you tell him, or you just said the word 'remarks'?
A Uh-huh. I said they was having problems.
Q You didn’t tell him any — you didn’t tell him what—
A No, I didn’t go into — I didn’t go into detail.
Q You didn't say, ‘He's saying gross things about my wife,’ or anything like that?
A I just said the things that he was saying. You know, I didn't say bad things or whatever.
Q Just that they’re having problems and she’s under a lot of stress?
A Yeah.
Id. at 91-93 (emphasis added).
Questions by the Court:
Q You say you called Mr. Rippy and said your wife was under a lot of stress?
A Yes, sir.
Q That she had problems with Mr. Baugh?
*659A Uh-huh.
Q What else did you say to him, if you can remember?
A I just asked — -what I asked him — that's all I said about the problems. I just asked him could he see about it, and he told me that was — they would have to work that out.
Q Well, you testified earlier you said something about remarks. Did you say anything to him about remarks or not?
A I didn’t go into any detail, just about what he had been saying about her is what I was saying.
Q Well, what did you tell Mr. Rippy about that, if anything?
A I didn’t go into any detail about the remarks, about what he said. I just said that what he had been saying. I just said they had problems.
Q Can you tell me exactly what you said to him?
A Not exactly.
Q Well, can you tell me what — is all you said is that they were having problems?
A Problems about what he had been saying to the dock hands about Mildred.
Q That’s what you told him?
A Yes, sir.
Id. at 93-94 (emphasis added).
Mr. Rippy was never told about Mr. Baugh’s dream, picture, tie, belt buckle, and specific remarks, nor was he told about the incident when Mr. Baugh unzipped his trousers to adjust his shirt. See Record on Appeal, vol. 2, at 73-75 (Mrs. Prunty’s testimony), 93-94 (Mr. Prunty’s testimony). Moreover, the cases cited by the majority opinion — Judge, Reed, and McDonald— are distinguishable because all three involved situations where the employer knew about the specific unlawful conduct.
. Prunty only argued that Freightways had a duty to investigate her complaints that she and Baugh were having problems, and does not contend that Arkansas knew facts necessary for it to repudiate Mr. Baugh’s unlawful acts. Ms. Col-son stated in final argument:
I think in this case the testimony has shown that she notified them, she put them on notice that she was having problems. These weren’t just adjustment problems. She wrote him a letter, she called him, her husband called him. She finally wrote a letter to the president of the company.
Ms. Prunty is a person who was reluctant to go into graphic details, and probably most women would be — or persons would be reluctant to go into graphic detail. I think they had enough information and they were put on enough notice to be aware of what was going on, and they should have investigated it. And they did not investigate it and did not believe her complaint. They refused to go and do that, and I think they were under a duty to do that and they should have done so, but they did not do so.
Id. at 193; see also Record on Appeal, vol. 1, at 52 (Plaintiff’s Brief as to Damages Pursuant to State Cause of Action) (arguing that Arkansas should be held liable for damages for intentional infliction of emotional distress because Mr. Baugh was employed in a managerial capacity and was acting within the course and scope of employment, and because the act furthered the object for which Mr. Baugh was hired); Id. at 66-69, 71-72 (Plaintiff’s Post Trial Brief) (same).
Furthermore, there is no indication in the record that Mrs. Prunty simply mislabeled her theory of recovery. Most telling is the fact that none of the cases cited by or the arguments set forth by the majority in Part II.B. are contained in any briefs filed by the parties on appeal or contained in the record or referred to in the trial below.
. The majority’s logic in "finding” ratification is curious indeed. The majority initially states the issue before this Court as follows: "The district court concluded that any employer can be held liable for the intentional torts of its employee only when the employee acts within the course and scope of his employment and when the act furthers the object for which the employee was hired.” Maj. op. at 652 (emphasis added). However, the record reflects that the district court did not find "that any employer can be held liable for the intentional torts of its employee only when the employee acts within the course and scope of his employment and when the act furthers the object for which the employee was hired.” See Record on Appeal, vol. 1, at 83 (Conclusions of Law, 17-20). Furthermore, Mrs. Prunty does not, as the majorily states, ”challenge[] ... that AFI could be liable for Baugh's actions only if Baugh acted within the course and scope of employment.” Maj. op. at 652 (emphasis added). From this "straw” issue the majority can then "readily” conclude "that the district court erred in its legal conclusion,” finding that ratification, an issue not before the district court, is also a basis for liability. Maj. op. at 655.
Second, in holding that Arkansas ratified Mr. Baugh’s conduct, the majority bases its conclusion on the district court’s finding that "Mr. Rippy ... knew about Mr. Baugh's harassment of Prunty and took no action to end the harassment.” Maj. op. at 654. However, as the majority correctly points out: "[Ejven though conduct may violate Title VII as sexual harassment, it does not necessarily become intentional infliction of emotional distress under Texas law. Only in *660the most unusual cases does the conduct move out of the 'realm of an ordinary employment dispute,’ [and] into the classification of 'extreme and outrageous,’ as required for the tort of intentional infliction of emotional distress.” Maj. op. at 654 (citation omitted). The district court did not find either “that Mr. Rippy .. • knew ... that Chuck Baugh's conduct was extreme and outrageous," or "that Mr. Rippy ... knew enough about the harassment to realize that Chuck Baugh’s conduct was extreme and outrageous." Maj. op. at 655; see Record on Appeal, vol. 1, at 83 (Conclusions of Law, 17-20). The district court did find, however: "17. Mr. Baugh’s actions amounted to an intentional infliction of emotional distress upon the plaintiff. 18. An employer is liable for the actions of any employee when the act is within the employee's general authority and when the act furthers the object for which the employee was hired. 19. Mr. Baugh's actions against plaintiff were not in furtherance of any object of defendant; therefore, plaintiff cannot recover from defendant for emotional distress. 20. All costs are to be paid by defendant." Id. (citation omitted). The district court made the necessary findings on the only vicarious liability issue presented to the Court by Mrs. Prunty for determination: “course and scope of employment." Inversely, the district court made no finding on any other liability issue sounding in tort, including ratification.
Third, since the district court did not find ratification, the majority must supply this missing link in the manner it “reads [the] court's findings." Maj. op. at 655. The majority, not the district court, finds (reads) that “Mr. Rippy ... knew enough about the harassment to realize that Chuck Baugh’s conduct was extreme and outrageous." Maj. op. at 655. For the panel majority, therefore, "constructive knowledge” is sufficient, contrary to its own statement of Texas law, to establish ratification as a matter of law. See maj. op. at 654 ("In regard to ratification, of course, it is evident that before one can ratify an act so that it becomes his own, he must know of the act with which he is charged.”).
. See Brief for Prunty at 11 (In her statement of issues presented on appeal, Mrs. Prunty stated: "Arkansas Freightways is also liable for Chuck Baugh’s actions in his intentional infliction of emotional distress of Mildred Prunty in that his actions were in furtherance of his employer's business for which he was hired and that was the supervision of employees in the Paris terminal.”), 18-19. The majority indicates that "the ratification question is properly before this Court” because (1) AFI acknowledged that Prunty had proffered the issue before the district court; (2) Prunty raised the issue during oral arguments; and (3) Prunty explained in her brief that Rippy knew of the sexual harassment but did nothing to stop it. See maj. op. at 652 n. 11. None of these reasons forms a basis for appellate review. First, this Court brought up the issue of ratification — not Mrs. Prunty. Second, although counsel for AFI stated during oral argument that Mrs. Prunty raised the issue of ratification before the district court, he also stated during oral argument that “[t]hat issue [ — ratification—] was never raised by [Mrs. Prunty] in her pleadings." Third, the record clearly indicates that ratification was not an issue before the district court. See supra nn. 2-5. Fourth, an isolated statement in Mrs. Prunty’s brief stating that Rippy knew of the sexual harassment is insufficient to preserve this point on appeal. See Fed.R.App.P. 28(a).