Can I file a claim in the Five Below Employment Class Action case?

No. The case is still being litigated — there is no settlement, no claim form, and no payout. It was filed June 5, 2025 in the District Court, D. Massachusetts (No. 1:25-cv-11637).

Who are the attorneys in the Five Below Employment Class Action?

For the plaintiffs: James E. Kruzer (Birnbaum & Godkin, LLP); Matthew A Girardi (Bursor & Fisher P.A.); Julian C Diamond (Bursor & Fisher P.A.); Joseph I. Marchese (Bursor & Fisher P.A.). For Five Below, Inc.: Mitchell O'Shea Carney (Morgan Lewis & Bockius LLP); Anna K Perocchi (Morgan, Lewis & Bockius LLP); Keri L. Engelman (Morgan Lewis & Bockius LLP). From the public court docket.

In litigation — no settlement yetemployment

Five Below Employment Class Action

Verified September 22, 2026Found via the federal court docketHow ClaimWatch verifies cases

Still being litigated: the claims below are allegations, not findings, and there is no settlement, claim form or payout yet.

Where this case stands

In litigation

The case has been filed and is being fought in court. There is no settlement, no claim form and no payout yet; many class actions are dismissed or never certified.

Pending in the District Court, D. Massachusetts (No. 1:25-cv-11637).

June 5, 2025
Case filed

What happened

This is a putative class action against Five Below, Inc., apparently concerning employment-related civil rights claims under Nature of Suit 442 (Civil Rights: Jobs). The docket text does not provide specific factual allegations, but indicates the court dismissed the case after granting a motion to dismiss. The allegations, if any, are unproven.

Do you qualify?

No settlement exists yet, so there is nothing to file and no class definition to check. If the case settles, the settlement will define exactly who qualifies — watch this case and we'll let you know.

How to file

There is no claim to file yet. If this case reaches a settlement, a claim process will open — usually with an official settlement website and a filing deadline.

Common questions

Can I file a claim in the Five Below Employment Class Action case?: No. The case is still being litigated — there is no settlement, no claim form, and no payout. It was filed June 5, 2025 in the District Court, D. Massachusetts (No. 1:25-cv-11637).What a class action lawsuit is →
Who are the attorneys in the Five Below Employment Class Action?: For the plaintiffs: James E. Kruzer (Birnbaum & Godkin, LLP); Matthew A Girardi (Bursor & Fisher P.A.); Julian C Diamond (Bursor & Fisher P.A.); Joseph I. Marchese (Bursor & Fisher P.A.). For Five Below, Inc.: Mitchell O'Shea Carney (Morgan Lewis & Bockius LLP); Anna K Perocchi (Morgan, Lewis & Bockius LLP); Keri L. Engelman (Morgan Lewis & Bockius LLP). From the public court docket.

Who's involved

Plaintiffs

Angelimarly Rodriguez

Defendants

Five Below, Inc.

Counsel for plaintiffs

James E. Kruzer Birnbaum & Godkin, LLP
Represents Angelimarly Rodriguez
4 tracked cases
kruzer@birnbaumgodkin.com · (617) 307-6131
Matthew A Girardi Bursor & Fisher P.A.
Represents Angelimarly Rodriguez
25 tracked cases · $990,000 in disclosed settlements
mgirardi@bursor.com · (914) 874-0708
Julian C Diamond Bursor & Fisher P.A.
Represents Angelimarly Rodriguez
26 tracked cases · $8.3M in disclosed settlements
jdiamond@bursor.com · (646) 837-7011
Joseph I. Marchese Bursor & Fisher P.A.
Represents Angelimarly Rodriguez
23 tracked cases · $17M in disclosed settlements
jmarchese@bursor.com · (646) 837-7410
David S. Godkin Birnbaum & Godkin, LLP
Represents Angelimarly Rodriguez
4 tracked cases
godkin@birnbaumgodkin.com · (617) 307-6100

Counsel for defendants

Mitchell O'Shea Carney Morgan Lewis & Bockius LLP
Represents Five Below, Inc.
3 tracked cases
mitchell.carney@morganlewis.com · (617) 341-7585
Anna K Perocchi Morgan, Lewis & Bockius LLP
Represents Five Below, Inc.
3 tracked cases
anna.perocchi@morganlewis.com · (617) 341-7904
Keri L. Engelman Morgan Lewis & Bockius LLP
Represents Five Below, Inc.
5 tracked cases
keri.engelman@morganlewis.com · (617) 341-7700

Other cases these firms appear in

Restaurant Depot Labor Class Action · Birnbaum & Godkin, LLP
Cheesecake Factory Employee Class Action · Birnbaum & Godkin, LLP
Macy's Labor Class Action · Birnbaum & Godkin, LLP
Stop & Shop Consumer Class Action · Bursor & Fisher P.A.
Pegasystems Consumer Class Action · Bursor & Fisher P.A.

From the public court docket, contact details as filed; not an endorsement.

Guides:What is a class action lawsuit?How class membership works Your options as a class member

Summarised from public settlement documents; confirm terms on the official settlement website. ClaimWatch is not a law firm, and filing a claim is free.

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January 11, 2028No proof neededemployment