emotional distress.
Count Nine: Defendants have intentionally and/or negligently inflicted emotional distress.
Count Ten: (ADEA) Beginning in at least February, 1993, employees over the age of 40, including plaintiff, did not receive, or received less frequently, bonuses, raises, overtime assignments and promotions although those under 40 never received evaluations. Kubisen, who was ultimately responsible for hiring in the Division, never hired anyone over 40. On March 29, 1993, plaintiff was relieved of his regular duties which were assigned to Scott Vargo, who was less senior and under 40. After February, 1993, Kubisen gave a relatively new secretary, in her twenties, and whom plaintiff had trained, plaintiff's office, his responsibilities and supervision over plaintiff. Between September, 1993 and February, 1994, plaintiff called Pinkerton's "Alertline" to report his discrimination based on ageand after February, 1993, Kubisen gave a younger secretary plaintiff's office and responsibilities. The EEOC charge was filed April 20, 1994. Thus, acts occurring before June 20, 1993 would be time-barred unless plaintiff could show he is entitled to equitable tolling, equitable estoppel or continuing violation. Plaintiff has not done so. Additionally, the only specific date given for an alleged ADEA violation is March 29, 1993.
The Second Amended Complaint also alleges that between September 18, 1993 and February 7, 1994, plaintiff called Pinkerton's "Alertline" and stated that Pinkerton discriminates based on age. Additionally, on February 7, February 17 and April 7, 1994, he again informed Pinkerton through its agents that the company discriminated. However, he fails to state any specific act of discrimination. Therefore, he fails to adequately