Employment Class Actions
If you are one of a number of employees who have experienced unfair or illegal labor practices, such as discrimination or unpaid overtime, you may be able to file an employment class action against your employer. Class action claims are an incredibly impactful way of ensuring that employees’ civil rights are respected and enforced. There is usually an imbalance of power between employees and their employer, and employers often take advantage of this, by replacing at will any employee that “causes problems” by reporting a wage violation or civil rights issue. A class action allows employees to band together and demand accountability for the ways in which they have been wronged. At the Law Offices of David M. Boertje, we believe employee rights are human rights. We are committed to getting you compensation and accountability for your mistreatment.Having a Powerful Team on Your Side Makes All the Difference
Class actions must be certified by the court before they may proceed. An experienced Southern California Employment Class Action Claim Attorney will know how to present the best possible case for your claim as well as how to present the strongest possible class. Generally, in a certification proceeding, courts are looking to see that the class of potential plaintiffs is sizable, which is to say, that a significant number of employees have experienced the same kind of mistreatment. This demonstrates to the court that this is a real problem that they are warranted in intervening in and addressing. Additionally, the court must see that a class action makes sense for the group. If there is only a small group of claimants, or your situations are not similar, your claim may be better litigated as an individual lawsuit as opposed to a class action.
If you know of other employees’ that may be willing to join your claim, that is a good place to start (carefully, of course). If you are unsure whether your claim may be a good fit for a class action lawsuit, schedule a free consultation with our office. We will be happy to review the specific facts and circumstances of your case and determine the best course of action to seek retribution from your employer, whether it’s an individual lawsuit, a class action, or another possible form of legal recourse.Common Employment Class Action Claims
A class action may seem like something that’s reserved for television commercials about diseases you can’t pronounce, but really, it’s just a mechanism for a group of people who have been legally wronged in similar ways by the same person or business to seek accountability and compensation. Below are some common situations in which employees choose to pursue a class action. This list is not intended to be comprehensive, so if you don’t see your exact situation below, don’t panic. Simply schedule a free consultation and we will work together to determine the best course of action for you.
- Wage and hour violations. For instance, failing to give employees wage statements, so they’re unable to determine what hours they were paid for or how their wages were calculated. Another common claim under this category is violations of minimum wage law, and blanket refusals to honor paid vacation, jury duty, or other benefits that an employee may be entitled to either by law, or by virtue of the employment agreement.
- Overtime violations. This includes employers misclassifying their employees as exempt or independent contractors in an attempt to avoid paying them for overtime and other benefits.
- Large layoffs.
- Refusal to provide or honor breaks and meal breaks that employees are legally entitled to.
- Discrimination against a class of people. For instance, if a company refuses to promote any women (either explicitly or impliedly) the affected employees may bring a claim against the employer. Likewise, if employees of a particular race or ethnicity are treated adversely compared to other employees, this is a valid basis to bring a claim.
If you and your co-workers are experiencing unfair treatment from your employer, you are not on your own. Contact our offices today, serving San Diego County, and all of greater Southern California. If your California employer is mistreating you, we will help you get the accountability and compensation that you deserve. We offer free consultations by phone and online 24 hours a day, 7 days a week.