Overview of Employment Class Action Suit

Mesriani_Law_Group | May 17, 2010 |

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The most common type of class action lawsuit filed in California is related to employment.

In fact in 2008, more than fifty percent of all class action suits filed that year were labor or employment related.

This includes employment class action suits filed in state court and federal courts in Los Angeles, Sacramento, San Jose, San Francisco, San Diego, San Mateo, Alameda and Orange County.

Although, only a small percentage of these suits ever go to trial, like 60 out of about 260 to 272 lawsuits, it is still a proven method in pursuing liability in employment.

That is because most of the employment class action suits are settled even before going to trial.

To give you an idea, here is an overview of employment class action lawsuits.

Definition

Employment class action lawsuit refers to lawsuits that represent a class, in this case a group of employees, who collectively files a lawsuit against an employer.

The most common cause of employment class action suits are:

Discrimination
Harassment
Wage and hours claims

The class action suit usually starts when a lawyer finds an employee who claims to be a victim of any of the above violations.

If the investigation reveals that there are other employees who suffered though similar experiences the lawyer in turn can file the lawsuit in behalf of the named employee and the other unnamed workers.

Once the case is approved by the court, the lawyer can invite the unnamed employees who suffered from the same experience through a notice that they can be potential class members.

It will be up to the worker to decide whether he or she will decide or not.

Just note, the main plaintiff and the members of the class suit should have common issue against the employer.

Advantages

One of the advantages of class actions suits is the convenience of being able to accomplish multiple cases collectively.

It is also easier on the pocket since the members of the class suit can share the cost of litigation expenses.

Lastly, a class action suit gives the case some sense of consistency since the members have the same grievance.

Disadvantage

The main disadvantage of class action suits is that the damages you will receive may be smaller compared to what you can get if you filed an individual lawsuit since you have to share the settlement or verdict with the rest of the class members.

You are also bound to the fate of the employment class suit and you will not be able to negotiate separately.

To know your best option, consult an employment law attorney.