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When you’ve been wronged by an employer, filing a lawsuit against them is crucial for seeking justice. However, when multiple employees have been affected, many don’t know whether to file a class action lawsuit or an individual lawsuit. Each has pros and cons, and it’s important to know which would result in the best outcome for you. A Los Angeles class action lawyer can help ensure you take the appropriate next steps.

WHEN IS A CLASS ACTION LAWSUIT BETTER THAN AN INDIVIDUAL LAWSUIT?

Knowing the circumstances in which class action or individual lawsuits are better, it’s essential to know the definition of each:

  • Individual lawsuit: An individual lawsuit is when one person files a lawsuit against another party.
  • Class action lawsuit: A class action lawsuit is when multiple people who experienced similar circumstances collectively file a lawsuit against someone.

Individual lawsuits carry a few benefits. For example, you will receive all of the compensation money if the lawsuit is settled in your favor. Some individual lawsuits may also be completed faster than class action lawsuits.

However, there are a few benefits to filing a class action lawsuit, including:

  • Class action lawsuits carry more risk for the defendant: Unlike an individual lawsuit, when multiple people join together, it ultimately looks worse on the one you are filing against. These have a higher chance of settling out of court and compensating those harmed.
  • Lower cost: If you don’t have enough money to pay for an individual lawsuit, you can file a class action lawsuit to split the costs equally.
  • Helps multiple victims: If many people were harmed by a similar issue, it makes more sense for them to file a lawsuit together rather than filing many individual lawsuits.
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WHAT ARE THE REQUIREMENTS FOR A CLASS ACTION LAWSUIT?

Specific requirements must be met to file a class action lawsuit in California. Before the class can proceed, the court must grant the certification. California’s Code of Civil Procedure Rule 382 states that class action lawsuits may be filed in circumstances where:

  • The members of the class share a common or general interest
  • The parties are numerous, and it would be impractical to bring them all before the court
  • One or more may sue or defend for the benefit of all

In these types of lawsuits, an individual is selected to represent the class. The class representative must have the same interests as the class. This means that a class representative can’t just be anyone—they must also be seeking justice for the same issues.

Once the plaintiffs have been certified as a class, the victims are allowed to file a class action lawsuit.

EXAMPLE SCENARIOS THAT COULD RESULT IN AN EMPLOYMENT CLASS ACTION LAWSUIT

Here are a few example situations that could warrant a class action lawsuit:

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HOW CAN A LOS ANGELES CLASS ACTION LAWYER HELP?

Class action lawsuits can become messy and complicated. That’s why having a skilled employee rights lawyer is incredibly important. Having a Los Angeles class action lawyer on your side will help you get the justice you deserve.

Top-Rated Employee Rights Lawyer

Top-Rated Employee Rights Lawyer

After experiencing any type of harassment or discrimination in the workplace, it’s difficult to know where to turn and who you can trust. At the Malk Law Firm, we have successfully represented employees against large and small companies (all over California and Washington) in various labor and employment-related lawsuits.

Trust our team to fight for your rights in the workplace. Our employee rights lawyer is available for a consultation to discuss your options. Please reach out today to tell us about your case.

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