Class Action Lawsuits

Class Action Lawsuits

A class action lawsuit also known as a class suit, class action, and representative action, is a legal action filed by a group of people against the respondent. Class action lawsuit is a legal action that can be filed against the defendant by a group of people if their allegations are the same or if they have suffered a similar problem, so they can claim for their damage by following a class action. The lawsuit in California is the strict law in regarding what companies can do or what they cannot do. For example, in California if a company is doing a violation of the employment rights, the large group of employees can come together to file a case against the company for the benefit of all the employees. Class action lawsuits are often the only way employees can fight unfair policies at work. Class actions are usually for large-scale cases seeking high compensations and it is rare to come across a class action against an individual and under $5,000.
Class Action Lawsuits - Windsor Troy Employment Lawyers

What qualifies for a class action lawsuit?

If you’re interested in filing for a class action lawsuit on behalf of a large group be aware that there are some requirements that should met and that an employer lawyer can help.

 

  1. A large group of people have experience similar workplace violations
  2. Each individual claim should be similar that way one ruling can resolve it all
  3. Very similar to the previous requirement, one defense should be able to cover for all the claims in the class action
  4. If you’re a class representative you should not have a conflict of interest, be fight for fairness in your workplace, and be held accountable for hiring an employment lawyer
  5. The case must meet 2 of the 3 requirements:
    • your employer has violated the law
    • the class action affecting everyone involved must be more important than a single issue
    • the class action lawsuit is the best way to resolve the issue

How does a class action lawsuit work?

Usually, a class action lawsuit takes longer than an individual case and includes some extra steps. First, the court will decide if the complaint qualifies as a class action instead of an individual case, and once that has been identified the process will begin. First thing, a complaint will be file on the behalf of the whole class. The defendant will then respond. Now your employment lawyer will gather evidence to help the case along with filing for a certification request.

 

The certification request is to get approval on the class action from the courts, which will define if the lawsuit meets all the according requirements. If for some reason the certification is denied, then the class members can still proceed with individual lawsuits against the employer. If the certification is approved, now the plaintiffs can decide if they wish to be part of the class action. Once decided who will be part of the class action, a trial will proceed if a settlement is not reached. If there are no other request, the court will issue a final order on the verdict or settlement amount. If the courts rule in favor of the class, then the defendant can appeal the decision and vice versa.

Choosing A Lawyer For A Class-Action Lawsuit

Choosing the right class action lawyer can make a huge difference in losing and winning the case. If the lawyer will not do his or her job properly all the members will suffer, therefore choosing an experienced class action lawyer is a must. Make sure that your class action attorney has experience with this kind of lawsuits as they can be very complex. Do your research and check the results from the lawyer’s previous cases because this can decide 50% of your case.

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Employment Law – Civil Rights – Personal Injury