A class action employment lawsuit is a special civil action that helps to simplify a legal employment issue that has affected multiple people at once. It is formed by one individual or a small group of individuals (lead plaintiffs) on behalf of a larger group of people that have experienced the same harm or dissatisfaction from an employer or other entity. Class action lawsuits can be brought against another party in state or federal court, and it can be moved from one court to another according to the Class Action Fairness Act of 2005.
When Are Class Action Employment Lawsuits Filed?
Class action lawsuits are filed when some sort of abuse or negligence by a company is widespread and there are many victims of the negligent or abusive action by the guilty entity. Victims of an unjust action can then group together in a class action lawsuit and try to resolve the issue as a group.
In class action employment lawsuits, a group of workers who have received the same unjust treatment from an employer can file a class action lawsuit together. Class action employment lawsuits are brought about due to certain employment violations, including:
- Off-the-clock work violations
- Unpaid on-duty rest and meal breaks
- Illegal tipping
- Failure to pay minimum wage
- Refusal to pay overtime
- Improper recordkeeping
- These can include an employer misclassifying certain exempt employees or misclassifying employees as independent contractors.
How Can I Start a Class Action Employment Lawsuit?
After your attorney has determined that a class action lawsuit can be filed, a legal document called a class action complaint must be filled out. This complaint describes the events and circumstances that caused the injury or financial harm suffered by the victims. The complaint will also clarify that the lawsuit seeks to recover financial compensation for the person filing the suit, who is known as the “lead plaintiff,” and for any other individuals who were affected. Your attorney will help you determine if you and the other individuals qualify for the class action, and the judge will officially decide to proceed with the action.
If you are interested in filing a class action employment lawsuit, one of the first crucial steps is to hire an experienced California attorney. Contact the law offices of Kesluk, Silverstein & Jacob today for more information or a free, confidential consultation.