When my husband I decided to start a business, we didn't think about the legal aspects of doing so. We didn't realize that purchasing business insurance, getting building permits and making investments all required some type of legal advice. But after speaking to a close friend, who also happens to own a small business, we contacted a business attorney. Now, we have the legal smarts to make the best decisions for our business, as well as the legal representation in case something happens to our company. I hope that you find my blog helpful and informative for your own business. It's a great resource for finding the legal advice, resources and guidance you need to get your company up and running.
If several of your employers have decided that they have a legal case against you, they might choose to join together and file a class action lawsuit. When this is the situation you find yourself in, you will want to speak with an employer defense attorney to receive advice on how you should go about building an effective defense.
The Pros and Cons of Class Action Lawsuits
While losing a class action lawsuit can be expensive, there are a limited number of advantages to fighting several cases against individual employees. If you win your case, the case will be dismissed against all of your employees.
Even if you lose your case, you will not have to litigate multiple cases, which can take years to complete. However, it's generally considered best to have your employer's defense attorney assist you in stopping the class action from being certified. This will prevent you from having to fight the class action lawsuit.
The Representative of the Plaintiffs
One of the requirements for a class action lawsuit is that the representative is capable of representing those who will be a part of the lawsuit. If your attorney is able to argue that the representative is not well-suited for representing the other employees, such as if the lawyers of the plaintiff are not specialized in employment law, you might be able to challenge the class action certification.
Why Plaintiffs Must Have Similar Complaints
For your employee to be able to file a class action lawsuit, they will need to prove that they are experiencing harm and that there is a way in which they can recover damages. For a class action to work, each member of the class action lawsuit must have been affected in a manner that is very similar.
Therefore, you will want to speak with a lawyer regarding whether you can successfully challenge that each party to the class action lawsuit has a similar complaint.
In many cases, a class action is not the best way to resolve the complaint. If that is the case, your attorney might be able to successfully argue this and prevent the class action from being certified.
When You Must Go to Trial
When speaking with your employer defense attorney, you will be able to ask questions and will be able to learn about the legal aspects of your case so that you can construct a strong class action defense. Then, you will be better able to protect your company from a class action lawsuit.