If you’re like most people, you’ve heard of class action lawsuits – maybe you’ve even seen television commercials and ads on your Facebook news feed about signing up to participate in one.
But what is this type of lawsuit, and how does it work? How many people have to participate in one, and what happens when you win?
This guide explains:
They aren’t just for cases like those, though. Many people file class action lawsuits against employers, too. An employment class action lawsuit is one lawsuit filed by multiple plaintiffs (the people who are making the claim) against a single employer.
In order to file a class action lawsuit, you need multiple plaintiffs who have identical claims against the same employer. The claim can’t be unique to just one person – it has to negatively impact a whole group of people.
When a judge has to decide whether to allow the suit to proceed, he or she must look at:
A person is qualified to participate if he or she experienced the same issue as the rest of the people in the group.
The idea behind this is that there must be a number of people involved. You need so many that it would be impractical to fill up the courthouse with the same case over and over again – just with different plaintiffs.
Class action lawsuits have multiple plaintiffs and typically one defendant (particularly when we’re talking about those related to employment). Often, class action suits are for instances in which multiple people have similar claims.
An individual employment case only addresses the claims of one employee. If you work for a relatively small company and what happened to you didn’t happen to anyone else, or if it only happened to a few other people, you’ll probably need to file an individual employment lawsuit.
In an employment lawsuit with multiple plaintiffs, there may be many workers claiming that the employer owes them overtime wages. These types of lawsuits occur pretty frequently, such as when Walmart had to go to court over pregnancy bias, and when workers from Amazon shipping facilities banded together to fight against the retail giant’s failure to pay them overtime wages.
When the courts rule in employees’ favor in these types of lawsuits, the company – which is the defendant – must pay the whole group a certain amount of money. The court determines how to divide the money between the plaintiffs.
Most employment-related class action lawsuits follow the exact same path. Typically:
If you think you may have grounds for an employment lawsuit that could qualify as class action, we may be able to help you. Call us right away at 818-230-8380 to discuss your situation with an attorney during a free consultation.
Overtime is defined as any hours worked over 8 in a day or 40 in…
How do you file a labor board complaint in California? The answer to this question…
If you've been the victim of workplace discrimination in California, you may be wondering what…
You may be wondering if your employer is required to reimburse you for work-related expenses…
Most employers in California are required to provide workers with seating. IN fact, there are…
Unpaid commissions in the state of California are monies that are earned by an employee…
This website uses cookies.