Working people have the right to fight back when they are shortchanged or discriminated against on the job. Before you take action, however, it is important to understand your options.
Employees seeking justice for workplace violations can pursue individual lawsuits, join class actions with other affected workers, or (in California) file PAGA representative actions to enforce labor laws on behalf of the state.
At Justice Law Corporation, our employment lawyers help working people in California ensure that they are fully paid and protect their rights on the job. We are seasoned litigators with a strong track record for holding large companies and other employers accountable, in and out of court.
If you are considering suing your employer, here is what you need to know about your options. An employment attorney at our firm can help you understand your rights and determine which option is best for you.
Individual Lawsuit
An individual lawsuit is exactly what it sounds like: You, as the employee, file a legal claim against your employer for a violation that affected you personally.
An employee who is not paid the higher required overtime rate can file a lawsuit against their employer. The same goes for a worker who alleges they were fired for complaining about workplace discrimination.
The suit may seek a wide range of remedies, some of which vary based on the laws implicated. Common remedies include:
- Back pay: Compensation for lost wages and benefits from the time of the wrongful act up to the present.
- Reinstatement on the job: Returning you to the role you held before an unlawful firing.
- Hiring or promotion: Ordering the employer to hire or promote you.
- Front pay: Compensation for future lost earnings if reinstatement is not a viable option.
- Compensatory damages: Damages for tangible losses, such as job search costs and medical expenses, and intangible losses, such as mental anguish, pain and suffering, and loss of enjoyment of life.
- Liquidated damages: These may be awarded in specific cases, such as age or sex discrimination suits, in addition to or instead of other damages.
- Punitive damages: Awards intended to punish an employer for malicious or reckless behavior.
- Policy changes: An order for the company to change its policies or provide training to prevent future discrimination or harassment.
- Attorney’s fees and costs: Reimbursement for legal expenses incurred during the case.
Individual suits can be brought in state or federal courts, depending on the situation.
These suits are fairly straightforward in that your attorney will file the suit on your behalf, alleging that the employer violated your rights on the job and demanding compensation and other remedies. The facts of the case are largely limited to your specific situation. You are bringing the case, so you control the decisions on how to proceed throughout the litigation.
Class Actions
In many cases, employers may also be violating the rights of a broader group of employees. A class action is a powerful tool that allows workers to join together in a lawsuit against their employer.
Take, for instance, an employer who simply refuses to pay overtime to employees with certain job titles, even though they are not exempt from the law’s overtime pay requirements. Or, as another example, an employer who systematically discriminates against employees of a certain race or sex by refusing to hire or promote them.
In these and other situations, many or all of the employees affected by the employer’s legal violations can sue collectively in a class action.
A group of workers looking to proceed as a class must get approval (“certification”) from the court hearing the case. Courts typically look at the following factors.
- Numerosity: The class must be large enough that individual lawsuits would be inefficient.
- Commonality: There must be legal or factual issues shared by all class members.
- Typicality: The claims of the class representatives must be typical of the group’s claims.
- Adequacy: The representatives and their attorneys must fairly and adequately protect the interests of the class.
All members of a class that is certified by a court will be bound by the outcome of the case – whether it is a court judgment or negotiated settlement – unless they take steps to opt out of the class.
A class action is a strong option because there is strength in numbers. Suing as a class gives a group of workers leverage against their employers that they would not have if they pursued individual lawsuits. These suits also allow workers to share some of the costs and risks of pursuing legal action.
PAGA Suits
The Private Attorneys General Act is a unique law that gives workers in the state another option for going after employers for wage-and-hour and other violations. Essentially, you stand in the shoes of the state, acting as a “private attorney general” to enforce labor law.
PAGA claims are similar to class actions in that they seek to collectively enforce the rights of large groups of workers. There are some key differences, however, especially regarding the remedies available in these cases.
PAGA claims do not require class certification, unlike class action suits. PAGA claims also generally cannot be waived. Even if an employer requires workers to sign agreements waiving their class-action rights, it cannot ban them from participating in PAGA cases.
Our California Employment Class Action Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone. A California employment class action attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California employment class action attorney.
