Class Action Lawyer

A class-action lawsuit is unlike an individual lawsuit – there are certain requirements that must be met in order for the action to continue. The requirements of a class action in California are summarized below.

1. Impractical. If the class is so big that it would be impractical for each individual to file his or her own claim, then it satisfies this element. To be impractical, there must be a significant number of people at the place of employment who experience the same or similar violations.
2. Commonality. Each individual claim must have similar factual and legal questions – the court will not hear individual claims that are in addition to the shared claims. This also means, however, that one defense can apply to each individual case within the class action. One ruling must be enough to cover all the claims.
3. Typicality. There must be class representatives who represent the class, and they must protect the interests of each individual participating in the class action.
4. Benefits. The class action must have some value or benefit. For example, if an employer broke the law, the class action can put an end to the employer’s bad practices via an injunction. As another example, a class action may be a more efficient means to address the wage theft or discriminatory practices of an employer rather than risking several inconsistent judgments that don’t influence the employer from changing its bad practices.

The benefits of an employment class action can be many, both for the individual participants and society-at-large. Some of the more obvious benefits include:

• Efficient use of resources. Time, money, talent, and other resources can be combined to do more with less and put forth a better strategy against a defendant who may already be armed with expensive lawyers.
• Effective use of court resources. With a class action, the court can save time, money, and other resources, too, by not have to expend the same for each individual claim.
• Retaliation avoidance. With only the class representative named in the complaint, all other participants are at less risk of retaliation (e.g., wrongful termination) since the employer may not know who all is participating.
• Policy changes. A verdict in favor of the class may mean an end to an employer’s bad practices, meaning discriminatory or unlawful policies may be terminated or revised to be in compliance with the law.

Class action lawsuits are unlike individual lawsuits with respect to the overall process – the process has to account for things like certifying the class action. Below is a summary of the typic steps in a class action.

1. Filing. A complaint is filed on behalf of the entire class.
2. Response. The employer responds to the complaint.
3. Discovery. Attorneys on both sides gather evidence to support their case and provide each other with the evidence, expert reports, depositions, etc. Class representatives typically help with the discovery.
4. Certification. A certification request is filed to ask the court to approve the class action. It’s not a ruling on the case, only a determination that the above-listed requirements are satisfied. If the certification is granted, the class action proceeds. If the certification is denied, each individual can proceed with their individual lawsuits.
5. Notification. If the class action is certified, all members of the class are notified of the lawsuit. Members may choose to participate or to opt out. Typically, members may choose to opt out if they want to file their own lawsuit, but they lose the benefits associated with a class action.
6. Settlement/Trial. All parties will negotiate, but if a settlement is not reached, the trial will ensue.
7. Final Order. After a settlement or trial, the court will issue its final order on not the settlement or verdict amount. The “losing” party may choose to appeal the verdict, but cannot appeal a settlement.
8. Appeal. If a verdict is appealed, the court will hear the appeal and decide the case.

If you and your co-workers believe your employer is somehow violating your employee rights by failing to pay you properly or discriminating against you, contact an experienced employment law attorney in Los Angeles immediately. These types of cases require quick, thorough, strategic action. At Sirmabekian Law Firm, PC, we dedicate our practice to you and your rights. Call us today at 818-473-5003 or complete an online form.