California workers reported 3,865 charges of discrimination with the EEOC in 2021. If you experience discrimination, harassment, retaliation, or unpaid wages at your workplace, it’s likely others have, too.
When many people have similar experiences, the class action lawsuit enables them to band together to take on a large employer. If your employer allows or engages in discriminatory behavior, a class action attorney with Bibiyan Law Group can help you get justice. Our attorneys are some of the few who file class action employment lawsuits in Northern California. Using our experience, relationships, and knowledge, we help workers stand up for their rights and use their collective power to hold employers accountable. Contact us today!
What Does a Class Action Attorney Do?
Bibiyan Law Group defends employees’ rights under the Fair Employment and Housing Act (FEHA), Title VII of the Civil Rights Act of 1964, and the Equal Pay Act. While every employment rights violation is unique, most actions follow a similar procedure.
Listen and Review Your Options
When you meet with an attorney for your initial consultation, we will start by asking what happened. We will listen to your concerns and begin to gather facts about the case. We will ask follow-up questions to determine how likely a case is and if your employer violated the law. If others have experienced similar behavior, we will evaluate the merits of a potential class action lawsuit.
Find and Certify the Class
In a class action lawsuit, one or several named plaintiffs represent the class during negotiations and trial. Before a lawsuit becomes a class action, the attorney must find and present the class to the court for certification. The court must certify that the representative plaintiffs’ claims fairly represent the class claims because the case outcome binds the class.
In California, the plaintiff must prove “an ascertainable class” and a “well-defined community of interest among [] members” to obtain certification. Rule 23 of the Federal Rules of Civil Procedure, which is also the basis for California’s law on class certification, requires:
- Numerosity: A large number of individuals must have been harmed, making it impractical to bring each claim individually.
- Commonality: A common question of law or fact must affect all class members.
- Typicality: The claims of the named class representatives must be typical of the claims of the rest of the class.
- Adequacy of Representation: The named class representatives must adequately represent the interests of the rest of the class.
These requirements ensure that a class action lawsuit is appropriate and fair for all parties involved. The court has the ultimate say on the efficiency of a class action lawsuit and whether it is the best way to resolve the dispute.
There is no set number of individuals that must be part of a class to bring a class action lawsuit. Classes can sometimes number in the thousands or even millions of individuals. In other cases, the class may be smaller, consisting of only a few dozen individuals. As a general rule, the class must be large enough to benefit from a class action but small enough for the attorney to manage and coordinate the claims of all class members.
Investigate the Facts and Gather Evidence to Support the Claims
A class action lawsuit lawyer will handle all the investigating and collecting of evidence. They can subpoena documents, interview witnesses, and consult with experts. The evidence collected must be strong enough to prove that the defendant is liable for the harm suffered by the class. The evidence must also support the claims of the class as a whole rather than just the individual claims of the named class representatives.
Represent the Class at Trial
A class action attorney will communicate the class’s claims to the court and the jury. Using witnesses, experts, and other documentation, your attorney will present evidence of the employer’s unlawful behavior. The goal is to persuade the court and the jury of the validity of the class’s claims and to secure a favorable outcome for the class.
Negotiating and Finalizing a Settlement
The attorney must carefully evaluate any settlement offers and negotiate the best possible terms for the class, taking into account the strengths and weaknesses of the case and the likelihood of success at trial. This may involve lengthy negotiations and discussions with the defendant’s attorneys. The attorney will advocate for the class and fight to protect their rights and interests during this stage.
If the plaintiffs reach a settlement, the class action attorney will draft and finalize the settlement agreement, ensuring that it includes all the agreed-upon terms and is fair to the class. The attorney will also review any releases or agreements that must be signed by class members as part of the settlement process, ensuring that they are in the best interests of the class.
Fairly and Equitably Distributes the Compensation to All Class Members
Once the class has reached a settlement or judgment, the compensation must be fairly distributed to all eligible class members. The class action attorney will typically oversee the distribution process. This typically involves identifying eligible class members, calculating individual payments, and distributing the funds. This process can be complex, particularly in cases involving large numbers of class members or complex compensation calculations.
The attorney must also ensure that the distribution process is transparent and that class members can review and understand the distribution. At this stage, the attorney may provide information about the distribution process and answer questions from class members.
Class Action Attorney Bibiyan Law Group
Our attorneys serve employees throughout California, particularly warehouse and factory workers in Northern California. We have a record of recovering millions of dollars for employees every year, for example:
- Unpaid wage settlements—up to $8 million,
- Sexual harassment settlements—up to $750,000, and
- Wrongful termination settlements—up to $750,000.
We focus exclusively on defending the employee in employment law cases and doing what is in the best interest of employees. Our firm’s founder went to a top 3-ranked law school and ensures our lawyers stay knowledgeable about today’s laws, trends, and innovative opportunities. When you hire our firm, you benefit from the teamwork of our 20 attorneys, ready to fight to defend your rights.