![]() Sometimes, an individual suffers a serious wrong caused by another, but may not have the resources to pursue a lawsuit on his or her own behalf. Unpaid Overtime or Salary Misclassification.You may be able to file a class-action lawsuit if your employer has violated your rights in the following areas: The state of California is governed by several labor and employment laws that make it unlawful for an employer to misclassify your salary, not provide expense reimbursement and not provide time for breaks. Only a qualified labor and employment law attorney will be able to evaluate your situation and determine if you may be eligible to file a class-action lawsuit against your employer or a company. Types of Employment Class Action Lawsuits In cases where an individual is filing a class-action lawsuit against a company, such as a manufacturer or a financial institution, a class action lawyer can assist with consumer fraud claims, and truth in lending violations. In some cases, there may also be a community of interest in the subject matter of the action. In the state of California, a claim can be defined as a class action if it is impracticable to bring several people before the court for the same type of lawsuit. This type of lawsuit is designed to provide one settlement or resolution for all parties and can be an effective way to recover damages when it is too expensive to litigate individually. The representative parties will fairly and adequately protect the interests of the class.Ī class-action lawsuit can be filed against your employer for a number of reasons, including failure to pay overtime, failure to provide meal breaks or uninterrupted meal breaks, failure to pay minimum wage, failure to immediately pay wages upon termination, failure to pay all vested vacation pay upon termination, failure to reimburse for mileage, uniform, uniform maintenance, tolls, etc., wage and hour violations, and discrimination.Ī class-action lawsuit is brought to the court by one or more claimants as representatives for an entire group of claimants who have been affected by a common violation by an employer.The claims or defenses of the representative parties are typical of the claims or defenses of the class.There are questions of law or fact common to the class.The class is so numerous that joinder of all members is impracticable.One or more members of a class may sue or be sued as representative parties on behalf of all members only if: However, whether a court will proceed to hear a class action depends upon the following criteria: A common cause and/or injury that is typical of the injuries suffered by others in the plaintiff class.A large number of plaintiffs, making it more practical for the court to consolidate the cases into one action, rather than force the plaintiffs to litigate separate actions.A named plaintiff or plaintiffs who adequately represent the interests of the class.A common set of facts which brought about the injuries to the plaintiffs from a common defendant or group of defendants.The hallmarks of a class action suit are four main elements: The term “class action” does not refer to the legal theory involved, but rather, to how the plaintiffs choose to sue the defendant or defendants. Rather than suing as individuals in separate cases, they decide to sue on behalf of themselves as well as all others who have been similarly injured in a single, consolidated case.Ī class action lawsuit is not dependent upon the type of claim involved: it may be a discrimination claim, a statutory claim based upon the violation of a wage and hour claim, or another type of legal claim. What is a “Class Action”?Ī “class action” is a specific type of lawsuit in which a large group of individuals, or “class” of plaintiffs, has suffered the same type of injury from a common defendant. If your employer has violated labor laws, wage and hour laws, employment laws or discriminated against you in any way, you may be eligible to file a class-action lawsuit. There are several factors that a law firm must consider before the lawsuit can reach class-action status, and the experienced class action lawyers at The Nourmand Law Firm, APC can help you file your complaint and ensure you and other employees get the compensation you rightly deserve. In the State of California, a single person or a group of people can sue on behalf of hundreds and thousands of people with similar complaints against an employer in the form of a class-action lawsuit. ![]()
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