Guzman Luna v. Yummy, LLC

**Guzman Luna v. Yummy, LLC: Missing the Deadline Costs Worker Her Case** This case involved an employee who sued her former employer, BellSouth Telecommunications, claiming discrimination and retaliation. After filing a complaint with the Equal Employment Opportunity Commission (EEOC), she received a "Notice of Right to Sue" letter, which gave her 90 days to file a lawsuit in federal court. The court dismissed her case because she filed her lawsuit 92 days after receiving the notice – just two days too late. The worker tried to argue that special circumstances should extend her deadline, including claiming she mailed the lawsuit on time (known as the "mailbox rule"). However, the judge rejected these arguments and threw out the entire case without considering whether her discrimination claims had merit. **What This Means for Workers:** This case highlights a critical rule for workers pursuing discrimination cases. When you receive a Notice of Right to Sue from the EEOC, you have exactly 90 days to file your lawsuit in federal court – not 91 or 92 days. Courts rarely make exceptions to this strict deadline. Workers should file their lawsuits well before the 90-day deadline expires and keep detailed records of when they received important legal documents.