How Do You Benefit From A Class-Action Lawsuit?
If you believe your employer has violated your California employee rights, Shimoda & Rodriguez Law, PC can help.
The Shimoda law firm has experienced attorneys who understand how to start a class-action lawsuit against a current or former employer on behalf of past and present employees.
Employees have a right to financial compensation if an employer violates state wage and hour, the Family and Medical Leave Act/California Family Rights Act, whistleblower protection, anti-discrimination, and wrongful termination laws.
How Do Class-Action Lawsuits Work?
For employment lawyers to file a class-action employment lawsuit on behalf of a large group, the claim must meet several requirements, including:
- The class action is so significant that filing individual claims would be impractical.
- Each individual claim in the class-action employment lawsuit must be similar.
- The individual types of lawsuits and the defenses to these claims must be similar.
- The class representatives must protect the interests of everyone in the class, meaning you cannot have a conflict of interest if you are a class representative.
- The legal issues that affect the whole class must have greater importance than individual issues.
The first step is to file a lawsuit and move for certification. The court then decides whether the proposed group meets the requirements for certification.
How To Join A Class Action Lawsuit?
In most class actions, you don’t need to do anything to join the lawsuit. Most class actions are opt-out lawsuits, which means class members are automatically included in the lawsuit unless they opt-out or decline to participate in the case. Some class actions will require that you will need to “opt in” to participate in the lawsuit. You will find information on how to opt-in on the class-action notice.
If your legal rights are affected by a class-action lawsuit, you usually will only need to get involved once the case settles by submitting a claim online or through the mail to receive your portion of the settlement or judgment. Make sure to keep your address and contact information current with the administrator.
Contact our team of class action expert lawyers to join a class action lawsuit.
How We Approach Employment Class-Action Lawsuits
- Initial consultation: Our attorneys will speak with you and gather the specifics about your case.
- Review & Plan: Once we have the specifics and the documentation of your wage theft case, our team can build a legal strategy to achieve your best outcome.
- Representation & Resolution: While we will explore whether amicable resolution with your employer is possible, there are times where the matter must go to court. In this instance, our firm will aggressively represent you and pursue an outcome in your best interest.
I was in need of some assistance regarding a possible labor law issue, and I reached out to Shimoda Law. I was able to speak to Galen (Shimoda) regarding my issue with a consultation which I found to be valuable given many attorneys in this realm tend to want something for their time.
Galen listened to my issue, asked clarifying questions, and in the end, provided his advice regarding whether I should pursue anything against the employer. While he recommended nothing be done, he explained the reasons from his experience and legal opinion.
I really appreciated the ability to talk to someone who knows this field of law prior to making any decisions that would have likely panned out to nothing
Frequently Asked Questions About Class-Action Lawsuits
How Can I Get Financial Compensation For A Class-Action Lawsuit?
Compensation in a class action can consist of monetary and/or non-monetary recovery.
Monetary recovery is compensation in the form of cash. A class action settlement or judgment specifies a certain amount of money to be paid to each eligible class member. Usually this is dependent on the amount of time you and other class members worked for the defendant company.
In other cases, the settlement or judgment consists of a lump sum divided among the claimants. The money can be distributed equally or in proportion to each individual plaintiff’s losses.
What Is A Class-Action Lawsuit?
A California class-action lawsuit is a legal action where one or more plaintiffs sue as representatives of a group of people with similar claims.
According to the Cornell Law School, a class action allows courts to manage lawsuits that would otherwise be unmanageable if each class member were required to join the lawsuit as a named plaintiff.
A class action is a valuable procedural litigation device that permits a small number of plaintiffs to represent and legally bind class members through a single lawsuit.
Is A Class-Action Lawsuit Worth It?
In most cases, because it’s important to file a class-action lawsuit to obtain compensation for the losses you faced and to hold employers accountable for their wrongdoings.
Joining a class action can be good if you have a desire to stick up for yourself and the rights of others. It provides strength in numbers for all the people affected by employers.
How Long Does A Class-Action Lawsuit Take?
Class-action lawsuits can be complicated, which means they can take a significant amount of time to finalize.
The average timeframe of a class-action lawsuit in California is around two or three years to resolve.
But some class actions have taken more than 5 years after the initial filing to conclude.