Class Action Lawsuits: Answering Some Important Questions
Class action lawsuits—also called “civil actions” primarily because they’re disputed in civil court— get the most press because of the huge amounts of money rewarded. For your information: did you know that most Supreme Court decisions—ones that changed American history—initiated as civil suits?
Class actions are basically lawsuits that are brought by a group of plaintiffs who have gone through the same or comparable harm from a defendant’s actions; or they are suits where a group of defendants is being prosecuted.
Stated below are some of the most common questions asked in general about class action lawsuits and their answers for thorough understanding:
What is a Class Action Lawsuit?
A class action is a lawsuit in state or federal court typically brought up by one individual, or a few individuals, in representation of a larger class of people situated in the similar manner. Generally, it seeks damages (reimbursement for harm done) on support and behalf of the people filing the lawsuit as well as the members of the “class” or “group”.
What Types Of Claims May Be Brought As A Class Action?
Following are some of the many claims that can be brought as a class action:
· Wage and hours violation,
· Inadequate background checks,
· Non-payment of vacation or personal time,
· Non-payment of overtime,
· Asking employees to skip rest breaks and meals,
· Unequal pay for same jobs,
· Non-observance of paid sick leave laws etc.
Why is Class Action Used?
The ultimate ground for using class action is to band together the smaller money claims of a large group of people. Every individual’s claim singularly may be too petite to follow economically. However, by combining many small claims, one may validate the expenditure of the court case and perk up the chances for accomplishment, particularly against large corporations.
How Does A Class Action Work?
When a class action lawsuit is brought forth in the court, it is the court that usually decides first if it is an appropriate class action or not. This is done through a process known as class certification. Then, both the parties ensue towards the trial purely based on the claims made by the case. Moreover, negotiations for settlement may also take place at any point in the case. However, the court must agree on any agreement and order notice to any class action members who will have to follow the settlement agreement or a release of the case.
What is ‘Opting In’ and ‘Opting Out’ of a Settlement?
In various types of class action cases, a member of the class may decide whether to partake in a negotiated resolution or not. In case you get a notice of a settlement and make the choice to opt out, you may prefer to agree to the settlement terms or make a decision not to participate in the settlement (you may wish to opt out, for instance, because you want to introduce your own claim). However, if you don’t return a paper outlining your desire to opt out, then you will have to follow the terms of the settlement.
Are you on the lookout for employment law attorney to help you file a class action lawsuit? If yes, then Hardin & Associates will guarantee you success. Recognized as one of the finest employment lawyers in Orange County, CA, they will have you covered for a range of employment laws. Visit http://www.hardinemploymentlaw.com/ for more information.
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