San Bernardino Class Action Lawyer
All California employers are required to follow the state’s employment laws while operating. If an employer violates these laws or the rights that are granted to their employees, their employees have the right to file a claim against them. However, sometimes an employer’s actions can affect more than just one worker. There have been countless cases of employment law violations in California, where large numbers of employees were all negatively impacted by their employers. When this occurs, a group of employees may file what is known as a class action lawsuit.
Having an experienced attorney who is familiar with the state’s employment laws is imperative when you and other employees are trying to build a case against your employer. At Ferraro Vega San Diego Employment Lawyers, our attorneys share years of experience assisting and representing San Bernardino employees through difficult employment claims. If you and your coworkers have been subjected to unfair treatment or had your rights violated in San Bernardino, our attorneys are prepared to help you with your claim today.
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What Is an Employment Class Action?
A general class action, otherwise known as a class action lawsuit or class suit, is a claim that is brought up by one or more plaintiffs to represent a larger group of people who were all affected by the same actions. The group of individuals being represented by that claim were all negatively impacted by the same person, group, or business and are referred to as the “class.” When a group of employees has had their state or federal rights violated by their employer, they may decide to come together to file an employment class action. An employment class action can be filed by just a few plaintiffs and can represent a wide range of employees who were all negatively impacted by their employer. This way, every employee who was affected doesn’t have to file their own individual claim.
How to File an Employment Class Action in San Bernardino
It can be difficult to know where to start when it comes to filing a class action in San Bernardino, CA. If you’re an employee who believes you and your coworkers had your rights violated by your employer, you can follow these general steps to file a class action claim.
- Document Your Experiences
The first thing you should do when beginning a class action is to document all of your negative experiences in detail. It’s important to outline when you began working there, what you do, and when the poor behavior began. If you have any information or evidence to support your claim, now is also a good time to begin gathering anything that can document the violation of rights that occurred.
- Identify Other Employees Who Were Affected
After you’ve detailed your own story and determined the different ways you were impacted, you’ll then need to identify the other employees who were affected by your employer’s actions. In most cases, an employee who is looking to file a class action already knows other individuals who also were mistreated in the same way, but you want to identify as many people as possible to build a strong case. It can also be helpful to do a bit of digging into your employer’s past behavior to see if they have wronged their employees in other ways as well.
- Find an Experienced Class Action Lawyer
Once you and a group of fellow employees have come together to identify your employer’s wrongful behavior, it’s highly recommended that you find an experienced class action attorney who can represent your class and prioritize your rights. At Ferraro Vega San Diego Employment Lawyers, we can evaluate your situation and determine the next course of action to help you hold your employer accountable. We have extensive experience with employment class actions and can assist you in filing a claim, representing you throughout the litigation.
- Determine What Employment Laws Were Violated
With the help of your class action attorney, you can work together to determine the different employment laws that were violated. In most cases of class actions, an employer’s violations often go back long before the filing employee even began at their job. Your attorney will be aware of the deceitful tactics that large employers attempt to use to con their employees, and they also have comprehensive knowledge of employment law and can identify each violation your employer has made. By determining the employment law or laws that were violated and gathering evidence, you and your attorney can build a strong class action case against your employer.
- Receive Class Certification
Before you can formally file a class action claim, you must receive a class certification for yourself and the group of employees being represented. The class certification is not impacted by the actual cause of the claim and is only to ensure the group trying to file meets the state’s class qualifications. There are a variety of factors a judge must take into consideration when determining whether they will certify a class, including:
- The number of employees affected
- If the members of the class experienced the same or similar violations
- If the members of the class experienced harm
- If the representatives of the class and their attorneys can represent the class in court
- If it is impractical for the class to join a traditional suit
If the judge certifies your class, you are clear to move forward and begin the process of formally filing a class action. If the judge does not grant you class status, this doesn’t mean you can’t still hold your employer accountable. Instead, you will most likely just have to file an individual claim.
- File Class Action
After receiving your class certification, you, the other representatives of the claim, and your attorneys can meet together and file your class action claim. Your claim will either be resolved outside of court, where your attorneys can negotiate a settlement, or it may go to trial, where litigation will occur until a resolution is determined.
The Importance of Working with a Class Action Attorney
No matter how large the business you work for may be, having an experienced class action attorney on your side who can represent your rights is critical if you decide to file a class action claim. Most employers have skilled attorneys on-hand for when legal matters with employees occur. This makes having your own lawyer who is familiar with employment law crucial when filing a claim against them, especially so that you’re not taken advantage of. Our accomplished lawyers can help you file a claim, represent you and your class during settlements or litigation, and negotiate for the compensation that you deserve. If you’re looking for assistance holding your employer accountable, our attorneys at Ferraro Vega San Diego Employment Lawyers can represent you and fight for the optimal outcome for your case.
Q: How Do You Join an Employment Class Action in California?
A: If you are not the representative of the claim, you do not have to “formally” join a class. Instead, the representative files the claim on behalf of the class, which is all of the employees who were impacted by the employer. If you have the potential to join the class, you’ll receive a notice of a class action being filed or settled.
Q: What Is a Class Notice?
A: A class notice is sent out when an employee files a class action against their employer after their rights may have been violated. You’ll most likely receive a notice upon the claim’s filing and then again when it is settled. You will only receive a notice if you’re part of a group that potentially had their rights violated.
Q: Who Can File an Employment Class Action in California?
A: Any employee or employees who believe multiple workers were violated by their employer have the right to try and file a class action. The claim does not need multiple representatives if only one employee is willing to lead the process, but most class actions have a few representatives to strengthen their case.
Q: Are Federal and State Class Actions Different?
A: While they are designed to do the same thing, federal class actions have more strict requirements than those filed at the state level in California. For example, California has no minimum requirement for the number of people who must be in a class, whereas federal law most often requires at least 40 class members for certification.
San Bernardino Class Action Lawyers and Law Firm
No employer should be left unaccountable when mistreating their employees. At Ferraro Vega San Diego Employment Lawyers, we are dedicated to fighting for San Bernardino employees who have had their rights violated by their employers. We believe no individual should be treated unjustly at their place of work and are committed to representing those who need it most. If you and a group of employees have suffered at the hands of your employer, don’t wait to see if you have a class action claim on your hands. Contact our team today to learn more about our firm or to schedule a consultation.