How do I know if my claim qualifies as a class-action lawsuit?
A group of employees who have experienced a common employment violation, such as discrimination or unpaid wages, have the right to bring a class-action lawsuit against their employer. Class-action lawsuits are an effective way to recover damages when filing individual claims is too costly or unfeasible.
In California, employees must receive class certification from a judge before moving forward with a class-action lawsuit. Judges consider several factors when deciding whether to certify a class.
A claim may be filed as a class action if it is impractical to bring multiple people before the court in individual lawsuits. Additionally, many workers at a company suffered similar employment violations, and the circumstances of each claim share enough in common that a single decision can resolve all of them.
Another qualification for a class action is that a class of plaintiffs shares a community of interests. In California, the existence of a community of interest depends on whether representatives can properly and fairly represent the class and whether they have claims typical of the class, among other factors.
A judge certifies a class based on whether it meets the qualifications for a class action. The merits of the case are not considered. If the claim is approved, the class-action lawsuit may proceed.
There are also other important considerations when determining whether a claim qualifies as a class-action lawsuit. An experienced Oakland employment lawyer can help you decide the best course of action in your situation. Contact Erlich Law Firm to learn more.
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