Abram v. Wackenhut Corp.

ORDER

JOINER, District Judge.

This case is before the court on defendant’s motion to dismiss plaintiff’s Title VII complaint for failure to file the complaint within 90 days of plaintiff’s receipt of the EEOC “right-to-sue” letter. For the reasons given below, defendant’s motion is denied.

Plaintiff’s complaint bears a filing date of May 2, 1980, and alleges that the EEOC notice of the right to sue was received on January 23, 1980. From the face of the complaint, therefore, it appears that the plaintiff’s complaint was not filed in a timely manner under 42 U.S.C. § 2000e-5(f). Plaintiff at this…