5 Things You Need To Know About Employment Class Action Lawsuits
Employment class actions involve massive cases that sometimes involve damages that range into the millions of dollars for violating employers. A class action results when multiple employees endure the same workplace discrimination or other employment law violation and join together in a single large case against the employer. Class action lawsuits can help the victims to receive justice while also deterring future violations by the employer as well as others.
What is an employment class action lawsuit?
An employment class action lawsuit is a single lawsuit on behalf of numerous plaintiffs who have identical claims against a single employer. Damages are sought in a single action for the entire group instead of for individual employees in separate lawsuits. For example, if your employer is refusing to pay you overtime, it is likely that other workers are also owed overtime, potentially giving the grounds for a court to certify a class action case.
Requirements for class action lawsuit
In order to file a class action lawsuit, it is important for you to understand what constitutes a class action lawsuit. The legal claim must be one that isn’t unique to one individual but instead negatively impacts an entire group of individuals. The number of individuals that have the grounds to file lawsuits is so great that it would be impractical to fill up a courthouse with multiple identical cases against the same employer. When these factors arise, your lawyer at Swartz Swidler may file a motion with the court asking that your case is certified as a class action lawsuit.
How many people are needed for a class action lawsuit?
Technically, there is no minimum number of people required to qualify for a class action lawsuit. However, getting fewer than 40 people certified to participate may make the process an uphill battle. Although smaller class action lawsuits are sometimes approved, they are rarer than large classes involving hundreds or thousands of employees.
How is an employment class action different than an individual employment case?
An individual employment case deals with the legal claims of a single employee. An employment class action becomes relevant when large groups are all facing the same difficulties.
What are the requirements of an employment class action lawsuit?
First, the disputed issue isn’t one that negatively impacts just one individual or a few people but instead impacts an entire group of individuals. Second, the number of individuals negatively impacted are so great, it would be impractical to try all of the cases separately.
What are the various stages of a class action case?
After the case is filed, the lawyer will then have it served on the defendant and will wait for a response. The defendant will file a response and may also file a motion asking the court to dismiss the lawsuit. After the court makes the decision about whether or not the case will be allowed to proceed, both sides will enter into the discovery phase. The attorney may then file a motion with the court asking that it certifies the case as a class action lawsuit. The defendant will then have the opportunity to respond by filing opposing briefs challenging the validity of the case. The judge weighs all evidence presented and renders a judgment on whether this certification will be granted or denied. If granted, the case will continue with a class-action status.
The employment class action lawyers at Swartz Swidler are highly trained to handle class action lawsuits. If you are in the New Jersey or Pennsylvania area and feel you have a potential class action suit, please call Swartz Swidler today and schedule an appointment. We may be able to help you.
