Have you ever talked to your co-workers about a situation they consider unfair or downright illegal?
Does your company or employer not even cover the minimum wage or refuse to pay the extra hours that you and your colleagues do monthly?
As more employees within the same company begin to notice these acts, there is a greater possibility of facing and taking action against this situation. In most of these cases, the best way to proceed is to file a class-action lawsuit.
Class action lawsuits carry great weight in a jury since different testimonies and voices address a common problem. These joint actions can only be presented in certain cases and particular situations, always considering the requested requirements. For example, you can file class-action lawsuits if your case is registered as civil law.
Under the laws of the United States and, particularly in the state of California, any injured person can file a lawsuit individually first and, if they have the support of their co-workers, they can go ahead and file your class action lawsuit. The more voices, the better the chances during the trial.
In California, rule 382 of the Civil Code Procedure determines the legitimacy of the joint legal action presented by a group of victims. In our particular state, the criteria to determine if they have common interests and are part of the same plaintiff group are the prevailing common questions of law or fact. Therefore, the representatives of said legal action can make claims consistent with the joint action and adequately represent the lawsuit filed. In this way, the lawsuit can proceed by certifying that the plaintiffs respond to a common interest.
It is important to emphasize that there is a public policy in California that motivates employees in unfair and illegal situations to seek justice through legal channels by filing collective actions. For this reason, if you are thinking of filing a lawsuit, do not hesitate to consult a lawyer specialized in class action lawsuits. The law is always on the side of those who seek to prosper and do what’s right.
At Lipeles Law Group we are always willing to advise you regarding individual and joint legal actions.