Individuals who have been subjected to unlawful employment practices can have their rights vindicated through the legal process in several different ways.
One such way is for someone to file an individual action on behalf of him or herself against an employer who has engaged in unlawful conduct. A typical example of that is when an employee files a case against an employer for the unlawful termination of employment.
In addition to the individual action, employees can bring claims against an employer on behalf of not only themselves, but others in the same situation: a class action. In a class action, the employee seeks relief not only for him- or herself, but for all other employees who have also been subjected to the same unlawful employment practice. In some circumstances, the individual employee(s) bringing the action on behalf of the class may be entitled to a premium based on their contributions to the action.
In many instances, class action cases not only have the potential of obtaining monetary relief for the individual plaintiff and the other members of the class, but to put an end to the unlawful policy or practice that has been applied to a large group of employees.
Class Certification in Employment Class Action Cases
Employees can bring a class action against an employer who engages in an unlawful employment practice that adversely affects a large number of employees. There are certain requirements for class certification:
- That the employment practice at issue adversely affected a large number of employees;
- That the employees affected be similarly situated; and
- That the employees offer similar types of evidence to establish that the employment practice was unlawful and that it harmed the entire class of employees.
Because of these requirements, the following types of claims are the sort that are typically brought as class actions:
- Violations of wage and hour laws (if an employer unlawfully fails to pay a class of employees overtime or pays them at an hourly rate that is less than the minimum wage);
- Discrimination (if an employer lays off a large group of employees on the basis of their age, race, gender or other protected criteria);
- Unequal pay (if an employer pays female employees at lower salaries than it pays to male employees who perform the same or similar work);
- Discriminatory policy (if an employer has a policy that has a discriminatory effect on a large group of employees or potential employees, such as an employee benefit plan that excludes individuals based on their marital status or sexual orientation, or a company policy of not hiring individuals who suffer from disabilities).
Our employment class action attorneys have successfully represented employees in well over a dozen class actions. In one of our cases, Madsen, Prestley & Parenteau obtained class certification in a case where it was claimed that the employer unlawfully denied overtime compensation to approximately 280 employees; the case involved millions of dollars of unpaid compensation.
Work with an Experienced Employment Class Action Attorney
If you believe your employer has engaged in a practice that you think is unlawful, and it affects not only you but other employees, you may be able to bring a class action against your employer. It is important to contact an employment class action attorney at once to ensure that your rights, and the rights of other potential class members, are adequately protected. Failure to complain about the unlawful conduct of your employer within certain deadlines can negate your right to take action.
To learn more about employment class actions, call us at (860) 246-2466 or contact us online to schedule a confidential consultation to discuss your situation.