Class action lawsuits are typically filed in cases of large-scale, systemic neglect against a group of people. This can include a company knowingly releasing a defective or dangerous product, financial institutions using predatory lending policies and civil rights cases. In certain circumstances, a class action suit can be an effective way of forcing change on an employer engaging in abusive or discriminatory practices at either the formal or informal level.
If you’re considering filing any kind of legal action against your employer, speak with the team at Weisberg Cummings first. Our class action lawyers will review your case and advise on whether or not a multi-plaintiff suit is the best way to proceed.
What Is a Class Action Suit?
A class action is a lawsuit filed by one or more plaintiffs on behalf of a larger group or class of individuals with similar claims against a defendant. The plaintiff is the person who brings a case to court, while the defendant is the person against whom the case is brought.
This type of lawsuit allows individuals with common issues, such as employment discrimination, to come together to seek justice and compensation. A classic example is the famous case of Brown vs. Board of Education, where the Supreme Court held that separating children in public schools based on race was unconstitutional. Class actions consolidate similar claims into a single lawsuit, saving time and resources for both the court and the parties involved.
What Are the Class Action Laws in Pennsylvania?
Class action lawsuits in Pennsylvania are governed by statute and case law. Statutes are laws made by the state legislature. Case law encompasses precedents or principles from judicial decisions that determine or influence subsequent cases. The primary statute regarding class actions is Title 231, Chapter 1700 of the Pennsylvania Rules of Civil Procedure, which details:
- The prerequisites to a class action
- The process for commencing a class
- The form of the complaint and answer
- Joinder of additional defendants
There are many precedents from class action cases, but lawyers are trained to apply them when resolving legal issues. The attorneys at Weisberg Cummings can help you understand your rights.
Why File a Class Action Lawsuit?
There are several benefits to filing a class action suit as opposed to an individual or single-plaintiff action:
- Less expensive: Class action suits are less costly to pursue, as legal costs are often shared between several parties. This strategy is beneficial in cases where individual plaintiffs may have relatively small damages, but when combined with others, the damages increase.
- Power in numbers: There is power in numbers — the testimony of others who have had a similar experience may go a long way to tilt the case in your favor.
- More incentive to settle: Class action lawsuits give the defendant more incentive to settle, as they can take care of the matter quickly without the potential for ongoing legal action as more plaintiffs step forward.
- Effect change: Perhaps most importantly, class action lawsuits have a much better chance of effecting positive change at the organizational level.
If your employer’s policies or culture harms the employees, a class action suit can force them to take measures to prevent this harmful behavior from repeating. Often, when a class action employment lawsuit receives a lot of media exposure, it can catalyze improved industry-wide working conditions or legislative action at the state or federal level. This means you can potentially spur change on a large scale when you file a class action lawsuit.
Do You Have a Class Action Case?
To bring a class action lawsuit, you must meet the requirements specified in the civil procedure rules. Additionally, you must have a valid cause of action. A cause of action is the combination of facts that entitle a person to a legal remedy. Examples include disputes involving:
- Employment discrimination
- Sexual harassment and retaliation
- Wage and hour violations
- Workplace safety violations
- Improper classification of employees as independent contractors
The law allows anyone with a valid claim to file or join a class action lawsuit, but the court must certify the action. The judge will determine whether the plaintiffs qualify to commence a class action lawsuit and give an order to that effect.
Requirements for Filing a Class Action Lawsuit
Typically, anyone can begin a class action lawsuit, but you must meet specific requirements. The judge’s considerations will include the following:
- Commonality: The legal and factual issues should be common to every class member. Additionally, all class members should suffer the same type of injury.
- Numerosity: The defendant must have harmed a large number of people. If a few people have been harmed, the judge may decide they should file individual lawsuits instead of a class action.
- Adequacy: The interests of each class member should be adequately represented. The lead plaintiffs must have a sufficient stake in the outcome and be willing to advocate for the class.
- Typicality: The lead plaintiff should have injuries and claims common to all the potential members of the lawsuit. To satisfy this requirement, the plaintiff should serve the interests of the other class members when they advance their own interests.
Class action lawyers can help you determine what other information you need. They can assess whether the case is worth pursuing, considering the potential damages and the employer’s ability to pay. Finally, an attorney can advise who should be the lead plaintiff.
How to Do a Class Action Lawsuit
Do you believe you may have an employment class action lawsuit? If so, you should know how to start legal proceedings in Pennsylvania. The following is the step-by-step process:
- Determine whether you can file a class action lawsuit: Your first step is speaking with a class action attorney. These actions are technical, but a lawyer can assess your case and determine whether you have a valid claim.
- File a class action lawsuit: Your attorney will draft a complaint if they believe you have a valid claim. This legal document describes the facts of your case, the individuals potentially covered in the lawsuit and the reliefs you seek.
- Certify the class: The judge presiding over your case will rule whether to give the lawsuit class action status. This process is known as class certification.
- Investigation: The investigatory phase is known as discovery. Your attorney may contact the defendant for documents substantiating the allegations. Individuals with knowledge of the circumstances and events may also be contacted for depositions.
- Resolve your claim through a settlement or trial: Many class action cases are settled before they go to trial. The defendant may set up a settlement fund to compensate the victims. A settlement is final when the judge issues an order approving the settlement.
- Notify class members: Finally, attorneys will inform other class members about the judgment or settlement. This notice will include the class member’s right to opt out of the class action case and a description of the underlying facts in the lawsuit.
How Much Is Your Class Action Lawsuit Worth?
The worth of a class action lawsuit varies case by case — it is difficult to provide a definite figure. The damages or settlement amount can range from thousands to millions of dollars. For example, on July 22, 2024, a Pennsylvania federal court awarded $35.8 million in overtime back wages and liquidated damages to affected workers who were unlawfully denied pay. However, other cases received more or less than this amount. Factors that determine the worth of class action cases include the following:
- Nature of the claim: The type of claim can affect the potential damages. Generally, serious violations attract higher compensation than minor violations. Also, some claims have caps on compensatory or punitive damages based on the company size.
- Number of class members: A larger class may increase the overall value of the case. The more individuals involved, the higher the cumulative damages you may seek. Factors like lost wages or benefits also play a critical role.
- Strength of evidence: Strong evidence to support the claims can enhance the case’s value. Conversely, weak evidence can diminish potential recovery, although you may win the case.
- Types of damages: Courts award different kinds of monetary compensation depending on the case type. These include nominal, compensatory, punitive and liquidated damages.
- Settlement or trial: Parties may settle class actions out of court, and the defendant’s willingness to negotiate can affect the case’s worth. Settlements may provide quicker, more certain outcomes.
- Legal fees and expenses: Expenses like attorney and court fees can impact the net recovery for class members. Confirm the lawyer’s fee structure and ask if they provide free consultations, which can lower your expenses.
This complex interplay of factors influences how much you get. Consult a trusted attorney for tailored advice.
Why Do You Need a Class Action Lawyer?
Class action lawyers bring a lot of value. Here are a few reasons why partnering with a legal professional is essential:
- Legal knowledge: Class action lawyers understand the nuances of laws and procedures and can help you understand your rights.
- Professional experience: Class action lawsuits are complex, and having an experienced attorney by your side is advisable.
- Effective representation: Attorneys can provide legal representation during settlements or litigation, increasing your chances of success.
- Access to resources: Most firms have a team of trained lawyers and access to other professionals available to assist.
Getting the right class action attorney takes the load off your shoulders.
What to Consider When Choosing a Class Action Attorney?
There are several factors to consider when choosing a class action attorney. These include:
- Experience: Choose a lawyer who understands the dynamics of class action lawsuits and has a track record handling similar cases.
- Reputation: Check the lawyer’s reputation in the industry, including their successes and how clients perceive them.
- Resources: Class action lawsuits can be resource-intensive, so get a lawyer with the team and relations to deliver.
- Fees and payment structure: Lawyers charge differently and have varying fee structures. Prioritize those who bring the most value.
- Client relations: Determine how the lawyer treats clients and their availability and responsiveness before deciding.
The attorney you choose can significantly impact the outcome of your case.
Why Partner With Weisberg Cummings?
Weisberg Cummings has handled complex employment class action lawsuits and settlements, gaining tremendous experience. We know the laws and understand the local court systems and procedures. Our team consists of knowledgeable employment attorneys who are ready to assist.
We prioritize client relationships and take the time to understand your unique circumstances and goals. This strategy allows us to provide tailored legal solutions. The firm emphasizes clear and consistent communication, keeping you informed at every stage of the process. We are committed to helping clients fight for their rights and achieve the best possible outcome.
Schedule a Free Consultation With Weisberg Cummings
The class action lawyers at Weisberg Cummings have more than 40 years of combined experience arguing employment law cases both at the negotiating table and in the courtroom. Serving clients throughout Pennsylvania, our team can provide effective, aggressive representation in all employment-related issues. We are locally focused and committed to protecting the rights and livelihoods of our friends and neighbors.
Suppose a class action suit is the best way to proceed. In that case, we will determine the steps necessary to move forward, including gathering evidence, identifying co-defendants and filing the motions against the defendant. Contact us today to find out what we can do for you or to schedule a free consultation.
