Unpaid Overtime Tommys

En Espanol

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF
ILLINOIS EASTERN DIVISION

NOTICE OF LAWSUIT AND OPPORTUNITY TO OPT-IN

This Notice was authorized by the United States District Court, Northern District of Illinois.
This is not a solicitation from a lawyer.

WHY HAVE I RECEIVED THIS NOTICE?

This Notice has been mailed to you because you have worked one or more of the entities listed in the caption to this matter, in any week since January 1, 2021. This Notice is meant to tell you about a collective action lawsuit in which you are potentially “similarly situated” to the named Plaintiffs, explain your rights, and to instruct you on how to join the lawsuit if you so choose.

WHAT IS THE LAWSUIT ABOUT?

The Plaintiffs in this matter have filed a lawsuit against Tommy’s Redhots, Inc., Thomas Greico, Donald Greico, Tommy’s 176, Inc., Donny’s 176, Inc., Tommy’s/Lake In The Hills, Ltd., Tommy’s/Crystal Lake, Ltd., And Tommy’s/Mchenry, Ltd. (“Defendants”) under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”). Plaintiffs claim that Defendant violated the FLSA by paying straight hourly rates for all hours worked including those over 40 worked in a week.

WHAT IS THE STATUS OF THE CASE?

The case is at an early stage. The Court has authorized this Notice to be issued to all people who have worked for any of these Defendants since January 1, 2021. The Court has not yet taken any position on the merits of Plaintiffs’ claims or Defendant’s defenses. This Notice is not an expression by the Court about the merits of this case, or whether Plaintiffs’ claims will ultimately be litigated, tried on a class-wide basis, or prevail. If the Court ultimately determines you are not similarly situated to the Plaintiffs, it may dismiss your claim.

WHO CAN JOIN THE CASE?

All people who worked for any of the above captioned Defendants at any time since January 1, 2021.

HOW CAN I JOIN THE CASE?

You can join the case by completing the attached Consent Form and mailing, faxing, or e-mailing it to:

Aaron B. Maduff
Barrett & Farahany
unpaidovertime-tommys@justiceatwork.com
77 W. Wacker Dr., Suite 4500. Chicago, IL 60601
Phone: 312-741-8102

OR

By clicking on this link: www.justiceatwork.com/unpaidovertime-tommys and using DocuSign to electronically sign the form.

Your Consent Form must be postmarked, faxed, e-mailed or DocuSigned by [90 days from mailing date]. Plaintiffs’ attorneys will file all properly completed and delivered Consent Forms with the Court and copies of those Consent Forms will become publicly available. All personally identifiable information except your name will be protected. If you do not wish to join this lawsuit, do not return the Consent Form. Whether you join this lawsuit is entirely up to you.

STATUTE OF LIMITATION ISSUES

Federal law sets certain deadlines for employees to bring wage and hour claims. The longest period of time an employee can wait before bringing these claims is three years (but potentially only two.) If you do not join this lawsuit now, the statute of limitations may prevent you from doing so later, depending on how long ago you separated from any of the Defendants listed in the caption to this matter.

WHAT IS THE EFFECT OF JOINING THIS CASE?

If you join this case, you will become a party to this lawsuit and will be bound by any ruling, settlement, or judgment the Court enters. If this lawsuit recovers money for the collective, you may be entitled to a payment in return for a release of your claim. If the Plaintiffs do not prevail, you will not receive any money. While the lawsuit is proceeding, you may be required to provide documents, information, or sworn in-person testimony relating to your claim. If you are asked to provide testimony, efforts will be made to accommodate your schedule. By joining the lawsuit, you designate Plaintiffs as your agents and authorize them to make decisions concerning all matters pertaining to this lawsuit.

WHAT IS THE EFFECT OF NOT JOINING THIS CASE

If you do not join this case, you will not receive any money obtained by the Plaintiffs, but you will retain any rights you may have under the FLSA. You will not be bound by any ruling, settlement, or judgment the Court enters. You will not have any responsibilities with respect to the case.

NO RETALIATION PERMITTED

The law prohibits retaliation against employees for exercising their rights under the FLSA. Therefore, Defendant is prohibited from disciplining, demoting, terminating you, blackballing you in the industry or otherwise retaliating against you in any manner because you choose to participate in this action.

YOUR LEGAL REPRESENTATION IF YOU JOIN

If you return the Consent Form to join this lawsuit, you will be represented by Aaron B. Maduff of Barrett & Farahany, LLC Chicago, IL. Plaintiffs’ attorneys have taken this case on a contingency basis meaning that, if this lawsuit results in a payment to the Class, they will ask the Court to approve a fee for their work and reimbursement of their case-related costs. However, if this lawsuit does not result in a payment to the Class, Plaintiffs’ attorneys will not receive any fee or any cost reimbursement. You may retain your own counsel and/or file your own separate lawsuit should you choose to do so.

QUESTIONS AND CONCERNS

If you have any questions about this case or anything in this notice, please contact Aaron B. Maduff of Barrett & Farahany at 312-741-8102 or unpaidovertime-tommys@justiceatwork.com.

Please do not contact the Court with questions about this lawsuit or this Notice.
Please direct all inquiries to Barrett & Farahany at the address and numbers listed in this notice.