Can a Labor Lawyer Help with a Class Action Lawsuit?
Can a labor attorney help with a class action lawsuit? The answer to this question is yes. Typically, class action lawsuits are more complex and time-consuming than traditional litigation. Therefore, a labor attorney can be invaluable when attempting to navigate these kinds of lawsuits.
At the Bibiyan Law Group, we have a team of experienced labor attorneys who have tackled large-scale class action lawsuits. Through these suits, we have recovered millions of dollars on behalf of our clients.
We will discuss some of the legal basics surrounding class action lawsuits. And we’ll explain why it is in your best interests to have a labor lawyer on your side during a class action lawsuit against your employer. Speak with an attorney today!
What Is a Class Action Lawsuit?
Employee rights violations can affect more than one person working for a particular employer. When this happens, a class action lawsuit may be the best course of action to hold that particular employer accountable.
In general, a class action lawsuit combines identical plaintiff claims into a single lawsuit in which the plaintiffs can seek damages as a group. In the context of an employee lawsuit, this means that all the employees have suffered from the same employee rights violation, like harassment, discrimination, or wrongful withholding of wages.
Requirements of a Class Action Lawsuit
California statutes and the Federal Rules of Civil Procedure govern the requirements of an employment class action lawsuit. For a judge to certify a class action lawsuit, the suit must include the following four factors:
- Commonality – the plaintiffs must all have a common cause of action;
- Typicality – the claim of the class representative must be typical of the other plaintiffs’ claims;
- Numerosity – there must be a large class of people who have been harmed by the defendant so as to make multiple, individual suits impracticable;
- Adequate Representation – the class representative must adequately represent the interests of the entire class.
A labor law attorney will be able to explain these requirements in more detail and tell you if you meet them.
How a Labor Lawyer Can Help
A labor lawyer can help in a variety of ways if you are suing your employer in a class action lawsuit.
Identify the Potential Class Members
Before a class action lawsuit can be filed, the class of people who will be represented in the suit must be properly identified. A labor lawyer can identify the people who may join the class action and can determine whether the identified class meets the requirements of a class action suit.
Filing the Suit
The Federal Rules of Civil Procedure have strict filing requirements when it comes to class actions. An experienced labor attorney will know these filing requirements and help you follow the proper procedures.
Representing the Class
Once the lawsuit has been filed, it will be the lawyer’s job to adequately represent the class throughout the legal proceedings. Representing such a large number of people can be challenging, so you will want to ensure that your lawyer (or lawyers) have done this before.
In some cases, the class may be spread around the state or even the country. A labor lawyer can coordinate with the class members in different jurisdictions and make sure their interests are heard.
This is one of the most beneficial aspects of having a lawyer during a class action against your employer. Because an experienced labor attorney will have the tools and experience necessary for a class action suit, they will be able to maximize the amount of compensation that each class member will receive. If the lawsuit is successful, the plaintiffs may be able to recover lost wages, lost benefits, or other damages.
The Bibiyan Law Group Is Here for You
At the Bibiyan Law Group, we understand that victims of employee rights violations may be struggling physically, mentally, and financially. This is one of the reasons we work on a contingent basis, meaning that if we don’t win your case, you don’t pay us. Further, we offer free consultations to all of our potential clients.To schedule your free consultation, you can contact us online or by phone at 310-438-5555. There are important legal deadlines to meet in all class actions, so don’t hesitate to reach out to us today.