By Weisberg Cummings, P.C. on December 7th, 2023
Do you suspect that your employer has wronged you and your colleagues in a similar way? If so, you may want to consider starting a class action lawsuit. This may be a suitable option to help recover compensation for all affected employees. Still, there are certain requirements you should meet before you can pursue your case.
Before you can consider filing a class action lawsuit, you will need to confirm that your employer did not have you sign a “class waiver” or “Arbitration Agreement.” Some employers, especially large companies, require employees to sign agreements in which they waive their right to bring claims in court and waive their right to bring a class or collective action to enforce their rights. These are often referred to as “Arbitration Agreements,” and in most cases courts will enforce them. If your employer asks you to sign an agreement of this type at the time of hire or sometime later, you may want to consult with an attorney to make sure you understand the implications. Unfortunately, many employees sign these agreements blindly without realizing the implications until it’s too late.
Here, we will introduce the different requirements and how to file a class action lawsuit.
Requirements For Class Action Lawsuits
Before you can file your claim, your case should meet certain requirements as outlined under Rule 23 of the Federal Rules of Civil Procedure (FRCP). It’s important to understand what counts as a justifiable argument according to Rule 23 and state court rules to avoid issues along the way. Here are a few questions you must ask yourself before getting your class action lawsuit started:
How Many People Do You Need For Class Action Lawsuits?
While there is no set number for how many people can join a class action lawsuit, Rule 23 of the FRCP and Rule 1702 of the Pennsylvania Rules of Civil Procedure both state that the number of class members should be large enough that suing on each person’s behalf individually isn’t practical. Many judges tend to certify a class of 40 members or more, making it a suitable amount to qualify and take action against your employer or company, although smaller classes may be certified on a case by case basis.
Does Your Class Action Lawsuit Have a Substantial Dispute?
What makes a class action lawsuit valid? A reasonable dispute or controversy that violates the law. Find at least one commonality between you and other employees concerning the law to constitute an actual legal case. This judicial factor must create a valid reason for seeking relief for their damages.
Do You Meet Commonality Requirements?
One of the most important requirements to help you qualify for litigation is that all members have experienced a similar issue. The reason for this is that the court must have fundamental legal questions they can ask and receive answers from all plaintiffs. Additionally, the lead class members should represent the best interests of the other members appropriately.
Do You Have Objective Eligibility Standards?
After gaining a clear understanding of what all members should have in common and knowing what violation of the law all members are coming together for, create clear objective standards for those who join. This is an essential strategy to help you ensure you have a strong case with valuable members and weed out any individuals looking to defraud the system.
Do You Have Adequate Representatives?
Class action lawsuits will have lead or named plaintiffs and unnamed members. The lead plaintiffs are responsible for adequately representing all unnamed members of the party. As such, it is up to them and their lawyers to ensure everyone receives justice. You may be able to do this by hiring an attorney with experience in handling situations similar to your own.
How to Start a Class Action Lawsuit
Once you meet all the requirements for starting a class action lawsuit, you can begin the steps to file your case. Five steps you can take to influence a smooth start include:
1. Find a Knowledgeable Attorney
The initial step you should follow includes finding an experienced class action attorney who can assist you throughout the court proceedings. Given that the legal system can be complex, hiring an attorney with the relevant skills and experience in handling class action litigation may be beneficial. You may appreciate assistance from a lawyer who specializes in employment law to help ensure they are well-versed in the law of your case.
2. Craft Your Story
While working with your attorney, gather all the necessary documents and information associated with your lawsuit. Begin crafting a story that is accurate, organized and complete. This is essential for class action lawsuits because there is a large number of stories and people to keep track of. This process can also help you sort out the most vital incidents to mention during trials, allowing your attorney to prepare a convincing argument for the court.
3. Establish Common Issues
We’ve talked about commonalities — now, we need to get specific. Aside from being dissatisfied with your employer or company, what exactly ties your claims and experiences together? Try to understand your individual ordeals on a deeper level and what led to the dissatisfaction. By establishing what laws your employer or company violated in particular, you get to make a stronger argument and create better uniformity between members to help justify your claims.
4. Decide Which Law Applies to Your Claim
All lawsuits vary when you have numerous class members, and it is important to make sure you know which laws apply to your situation. Is your employer violating discrimination laws in the workplace? Are they overworking employees and ignoring wage and hour regulations set by the government? When you file the correct laws with your case, it helps ensure a more streamlined process and improves your chances of success.
It may help to consult your lawyer about the specifics of what occurred so they may help you decide on the applicable laws, rules and standards within employment law that apply to your case.
5. File Your Class Action Lawsuit
The final step is to file your lawsuit with the court. Your attorney may help you achieve this by submitting a complaint document containing the facts of your ordeal, what issues all members have in common and the damages you seek. The court will then consider the facts and legal grounds for the case, and if they agree that your argument meets the requirements for a class action lawsuit, they will certify your right to pursue litigation.
From this point on, you may decide on one or more representatives for the lawsuit who can help other class members and themself stand up for their rights. Other employees may also join your lawsuit as unnamed plaintiffs as the trial progresses if they realize they may have experienced a similar type of harm.
Consult an Experienced Attorney at Weisberg Cummings, P.C.
To influence a smooth procedure, it may help to consult a knowledgeable attorney as you learn how to start a class action lawsuit. Our attorneys at Weisberg Cummings are experienced in employment law class action lawsuits and may assist you and your co-workers in getting your case underway. Working with us may help you establish whether you meet the minimum requirements, identify lead plaintiffs and decide which employment laws apply to your claim.
If you meet the necessary requirements, a lawyer at Weisberg Cummings may help you file your class action lawsuit and assist you in gaining results. We encourage you to contact one of our knowledgeable attorneys online today or call us at (855) 716-2367.
