Class Action Lawsuits
Class Action Lawsuits
What qualifies for a class action lawsuit?
- A large group of people have experience similar workplace violations
- Each individual claim should be similar that way one ruling can resolve it all
- Very similar to the previous requirement, one defense should be able to cover for all the claims in the class action
- 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
- 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