When companies act negligently and violate employee rights, it can harm more than just one individual. For example, if your employer is not paying you the wages you are entitled to under the law, they are most likely doing it to other employees as well. When more than one employee is harmed by an employer’s actions, they may be able to band together and file a class-action lawsuit against their employer.
If you believe that your employer has violated your rights as an employee and other employees at your place of employment face similar violations, you may be eligible to file a class action lawsuit. The Orange County employment class action attorneys at the Law Offices of Samer Habbas & Associates can help! We have the resources and experience to hold companies accountable for their illegal conduct. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our labor law attorneys represent employees under a class action lawsuit across Southern California. For more information or to schedule a complimentary consultation, please call 949-528-8136.
Employment Class Action Law Suit Defined
A class action lawsuit is a legal claim that is brought by a group of people (referred to as the Class Representative) on behalf of a larger group of individuals who have all been harmed in a similar manner. In an employment class action lawsuit, all individuals in the large group must have experienced some type of rights violations, including but not limited to discrimination, harassment, and/or wage inequality.
Class Action Requirements
In order for an ordinary lawsuit to become a class action, certain requirements must be met:
- Impracticability. The attorney must prove that it will not be realistic for all of the employees and class members to bring their own individual claims against the company because there are too many others potentially harmed.
- Commonality. There must be factual questions or legal questions that are common to all the class members. The commonality must dominate the main focus of the litigation, preventing the court from having to spend time and resources on individualized issues.
- Typicality. The attorney will need to designate a class representative who was harmed by the employer in the same way or manner that the members of the class were harmed. This requirement is generally referred to as “the class reps claims are typical of the claims of the class members.”
- Beneficial for Parties. All parties must substantially benefit from the class action lawsuit.
Our Orange County employment class action attorneys will review the facts of your case to determine if it qualifies for a class action certification. If it does, we will take all steps to file your claim
Advantages of a Class Action Lawsuit
- Less Likelihood of Retaliation. There is generally less fear of employer retaliation on behalf of employees to join a class action. The reason for this reduced fear is the only name on the lawsuit is that of the class representative. Employees are simply presumed to be part of the class action unless they affirmatively choose not to participate by “opting out” of the lawsuit.
- Preserve Court Resources. Class action lawsuits create less waste of court resources. Instead of hundreds of people filing individual lawsuits, and the court having to resolve it one at a time, there will be one lawsuit.
- Incentive Damages. The class representative may be eligible for a service award in addition to the regular damages.
- Stopping Illegal Employer Conduct. Class action lawsuits are very effective in stopping employers from committing illegal conduct. Employees can seek an injunction against their employer to force them to stop violating the law. This can help create a fair workplace.
Steps of an Employment Class Action Lawsuit
- Filing lawsuit. Your Orange County employment class action lawyer will first have to file a complaint on behalf of the entire class. At that point, the defendant will have the opportunity to respond to the lawsuit.
- Discovery. Once all the parties have appeared in the class action lawsuit, they will each engage in discovery. The discovery phase allows the attorneys to gather all evidence necessary to prove their case.
- Certification. Your attorney will also need to file a certification with the court to request approval of the class action. This is not a ruling on the case, but rather simply asking the judge to decide whether the class and the lawsuit meet the requirements of a class action. If the judge denies the certification, you can still proceed with your individual lawsuit against the employer.
- Notification. Once the class is certified, your attorney will need to notify the members of the class of the lawsuit. The potential plaintiffs have the choice of being included or opting out.
- Trial. After the class members are finalized, the case can go to trial if a settlement is not reached.
- Final order. If there is no appeal, the court will issue a final order on the settlement or verdict.
- Appeal. The employment defendant has the option of filing an appeal if the court rules in favor of the class, or vice versa.
You’re the Only One Being Cheated at Work
California has enacted some of the nation’s strictest employment rights laws. Nevertheless, employees are routinely cheated out of earnings and discriminated against before the law. The Orange County employment class action attorneys at the Law Offices of Samer Habbas are known throughout Southern California for using class action lawsuits to protect the rights of employees and class members. We make it our goal and mission to help employees seek the justice they deserve.
Contact an Experienced Orange County Employment Class Action Attorney
Class action lawsuits are very complicated and often involve fighting against powerful corporations and corporate defense attorneys. If you believe you or someone you know has the grounds for an employment class action claim, you need to hire an aggressive employment lawyer. The Orange County class action employment lawyers at the Law Offices of Samer Habbas & Associates can help you fight for your rights and recover the full damages that you deserve. We specialize in handling a wide variety of employment law cases, especially class action claims.
With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our labor law attorneys represent employees and class members across Southern California. For more information or to schedule a complimentary consultation with one of our employment class action attorneys, please call 949-528-8136.
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