The legal process for an individual is pretty simple and straightforward if you want to pursue an employment lawsuit, but the process can be much more complex if the work issue involves more than one person. Certain employee rights can violate a group of people in the same workplace, so thankfully there’s a special lawsuit for those certain circumstances. Class action cases involve groups of people who want to take a legal action together, either because they received the same injuries from the same product or were discriminated against equally. If you and a group of other employees are interested in pursuing a class action case, there are some things you should know first.
What Are the Benefits?
In relation to employment laws, employees will usually seek a class action lawsuit if they believe they haven’t been paid the proper wages or weren’t paid the proper overtime wages. This would mean their employer violated the Fair Labor Standards Act, or FLSA. Class action employment lawsuits are common because usually employers will violate these labor laws by doing so to multiple people. Besides unpaid wages, employees might also seek a lawsuit for racial discrimination or sexual abuse and harassment.
What’s the Process?
The first step in filing an employment class action lawsuit is to get your Class Representatives (the group of people involved in the wage violation or discrimination) together to file your official complaint. Your employment attorneys at Kesluk, Silverstein, Jacob & Morrison, P.C. will then gather the data and evidence you’ll need to support your claim. The courts will need to approve your lawsuit, so your attorneys will file a certification request so the judge will know if your case meets the class action requirements. Once your class is notified of the approved lawsuit, you’ll either consider a settlement or go to trial. If you are unsuccessful, you are able to appeal a decision to a higher court.
If you and a group of employees are interested in filing a class action lawsuit against your employer, do not hesitate to contact Kesluk, Silverstein, Jacob & Morrison, P.C. We will help investigate your employment issue and defend your rights as California employees.