Marquis v. OmniGuide, Inc.

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

Defendant OmniGuide, Inc. (“OmniGuide”) moves to dismiss the claims of plaintiff Charles Marquis (“Marquis”) under Fed.R.Civ.P. 12(b)(1) for failure to exhaust certain claims and under Rule 12(b)(6) for failure to state a claim on which relief can be granted. The court grants the motion in part and denies it in part and grants Marquis leave to replead.

I

OmniGuide employed Marquis as a commissioned salesman. 1 It terminated his employment two years after he was hired. Marquis was in his early 40’s when he was hired, and was in his…