CIRILLO v. CITRIX SYSTEMS, INC

Case No. 5:21-cv-00088-BO

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA

Important Dates

July 21, 2022 — Consent to Join Deadline

Frequently Asked Questions

  1. INTRODUCTION

    The purpose of the Notice is to:

    1. Inform you that a lawsuit exists that you may join
    2. Advise you of how your rights may be affected by this lawsuit, and
    3. Instruct you on the procedure for participating in this lawsuit, should you choose to do so.

  2. DESCRIPTION OF LAWSUIT

    A lawsuit has been brought against Citrix Systems, Inc. ("Citrix" or "Defendant"). Plaintiff Danielle Cirillo ("Plaintiff") alleges that Citrix has violated the Fair Labor Standards Act ("FLSA") by misclassifying inside Salespersons/Customer Service Representatives, and/or other similar positions, as overtime exempt and failing to pay inside Salespersons/Customer Service Representatives for all hours worked, including pre- and post-shift work as well as working lunch breaks, and overtime hours worked, including at the appropriate straight-time rate and premium overtime rate for all hours worked in excess of 40 a week. Plaintiff seeks to recover straight-time and overtime wages due, liquidated damages in an equal amount, reasonable attorneys' fees and costs, and all other legal and equitable relief as the Court deems just and proper.

  3. COMPOSITION OF CLASS

    Plaintiffs seek to sue on behalf of all inside sales representatives or individuals who were or have been employed by Defendant after September 29, 2017 and who were subject to Defendant's timekeeping policy of only documenting scheduled shift time; subject to Defendant's pre- and/or post shift work policy, including working through lunch breaks, and who did not receive compensation for all required pre and/or post shift work, including during lunch breaks or who worked forty (40) or more hours in at least one workweek in which undocumented work was performed, and/or who were paid commissions and worked overtime during any pay period for which a commission was received. Defendant has identified you as an individual who falls within the composition of this class.

  4. YOUR RIGHT TO PARTICIPATE IN THIS LAWSUIT

    According to Defendant's personnel records, you were employed by Defendant in one or more of the inside sales positions included in this case during the relevant time period. Therefore, you may join in the FLSA claim raised in this lawsuit by completing and mailing, faxing, or emailing a signed copy of the Plaintiff Consent Form to Plaintiffs' lawyers at the following address:

    The Law Offices of Gilda Hernandez, PLLC
    ATTN: Rachael Kreuz
    1020 Southhill Drive, Suite 130
    Cary, NC 27513
    Tel: (919) 741-8693
    Fax: (919) 869-1853
    rkreuz@gildahernandezlaw.com

    Your Consent to Join form must be submitted or postmarked by no later than July 21, 2022. You may also submit a Consent to Join form online by visiting the Consent to Join page. Plaintiff's lawyers will file with the Court all Plaintiff Consent Forms that have been filled out, signed, and postmarked or submitted on or before July 21, 2022.

    If you file a Plaintiff Consent Form, your continued right to participate in the suit may depend upon a later decision by the Court that you are an appropriate participant in accordance with federal law.

  5. EFFECT OF JOINING OR NOT JOINING THIS LAWSUIT

    If you choose to join the lawsuit, you will be bound by any ruling, judgment or settlement, favorable or unfavorable. While the lawsuit is proceeding, you may be required to provide information or otherwise participate in the action.

    If you choose to join this case by filing a Plaintiff Consent ("Opt-in") Form, you will be agreeing to representation by Plaintiff's Counsel. The specific terms and conditions of representation are set forth in Section VIII and in the Consent Form. If you do not join this action, you are free to take action on your own.

    If you choose not to join the lawsuit, you will not be bound by any ruling, judgment or settlement entered in the case, favorable or unfavorable. You will not receive a share of any judgment or settlement obtained. If you choose not to join this lawsuit, you will retain any rights you may have under the FLSA.

  6. STATUTE OF LIMITATIONS

    Plaintiff's claims in this action are limited to a three-year statute of limitations. If you choose to join this action, you may be able to recover damages if you were improperly denied compensation only for time worked within the two or three years prior to the date you file your consent form. If you choose not to join this action, or choose to bring your own action, some or all of your potential claims may later be barred by the applicable statute of limitations.

  7. NO RETALIATION PERMITTED

    The law prohibits retaliation against employees for exercising their rights under the FLSA. Therefore, Citrix is specifically prohibited from discharging you or retaliating against you in any other manner just because you choose to participate in this action.

  8. YOUR LEGAL REPRESENTATION IF YOU JOIN

    If you choose to join the lawsuit, your interests will be represented by counsel for Plaintiff. Plaintiff's Counsel are:

    Gilda A. Hernandez
    Charlotte C. Smith
    The Law Offices of Gilda Hernandez, PLLC
    1020 Southhill Drive, Suite 130
    Cary, NC 27513
    Tel: (919) 741-8693
    Fax: (919) 869-1853
    rkreuz@gildahernandezlaw.com

    Plaintiff's attorneys are being paid on a contingency basis, which means that if there is no recovery, there will be no attorneys' fees. If there is a recovery, the attorneys will receive a part of any settlement obtained or money judgment entered in favor of all members of the class, or fees the Court directs Defendant to pay separately. Any payment of attorneys' fees will require approval of the Court.

    Plaintiff's attorneys will advance necessary costs and out-of-pocket disbursements and expenses on your behalf in this litigation. In the event that necessary costs and out-of-pocket disbursements are not approved by the Court to be reimbursed from any settlement or judgment, or paid by Defendant, you will have no obligation to reimburse Plaintiff's attorneys for such costs.

  9. FURTHER INFORMATION

    Further information about the lawsuit or the Notice may be obtained by contacting Plaintiff's attorneys at the address or phone number provided in FAQ 8.

    THE NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE FEDERAL DISTRICT COURT, THE HONORABLE TERRENCE W. BOYLE, UNITED STATES DISTRICT JUDGE. THE COURT TAKES NO POSITION REGARDING THE MERITS OF THE PLAINTIFF'S CLAIMS OR DEFENDANT'S DEFENSES. DO NOT CONTACT THE CLERK OF COURT REGARDING THE NOTICE.