Employment Class Action - California Employment Attorney

If you have a dispute with your employer over job related matters, such as failure to pay overtime or other wages, it is likely that many of your co-workers have the same complaint. If this is the case, a class action lawsuit against your employer may be the most effective way to address such wrongs. A “class action” provides for a single resolution for all employees that have the same problem. In addition, if you are the first employee to start a class action lawsuit against your employer, you may be eligible to receive an award in addition to any settlement or jury award in the case. If your employer has acted in an unfair or illegal manner toward you and other employees, the experienced employment law attorneys at the Law Offices of Arias, Ozzello & Gignac can help you determine whether a class action lawsuit is the best way to protect your rights. Call us today for a free case evaluation.

What Is A Class Action?

A class action lawsuit is filed by one or more employees who act as representatives for a larger group of employees that have all been wronged by the same circumstances. These members of the class do not have to participate in the lawsuit itself in order to recover damages. Once the court “certifies” the case as a class action, the lawsuit may proceed and any affected employee is automatically a member of the class unless he or she decides to opt out of the class. The court closely supervises the class action and no settlements or remedies are final without approval. In order for the court to certify a class action, there must be:

• an ascertainable class of employees that can be clearly identified, and

• a common interest, which includes similar questions of law and fact, and representatives with the same claims as the rest of the class.

Class actions are useful because one judge is able to hear all the complaints at the same time, saving court time and establishing a common resolution for all wronged employees. In a case with similar complaints, the evidence supporting a favorable resolution can be more substantial and the money damages awarded to employees is often higher. Class representatives are also rewarded with extra compensation for filing the action, which can sometimes amount to a significant sum.

What Types Of Employer Wrongs Can Be Addressed In A Class Action?

Class actions address wrongs that have been committed against a group of employees. Illegal conduct against a specific employee, such as sexual harassment, is usually filed on behalf of the individual employee only. However, there are many other types of claims that are more suited for class actions, including any of the following:

• wage and hour claims (minimum wage issues, unpaid wages, etc.)

• unpaid overtime

• unpaid business and travel expenses

• improper wage deductions

• improper employee classifiction

• failure to issue accurate wage statements

• illegal layoff procedures

• unpaid vacation pay

• time off or leave issues

• unfair severance and release agreements

• discriminatory action that disproportionately affects one group of employees (for example if a reduction in force caused all women employees to be laid off).

California Employment Class Action Attorney

Many employers engage in illegal activity against their employees hoping that none will find out or complain of unfair treatment. If you have a legitimate complaint against your employer for violating California or federal law, many of your co-workers are probably in the same situation. At the Law Offices of Arias, Ozzello & Gignac, our seasoned and skilled employment law attorneys can help vindicate your rights as well as the rights of your fellow employees by filing a class action lawsuit against your employer. Call us today for a free case evaluation.