Results 1 to 3 of 3
  1. #1
    Join Date
    Jul 2011
    Posts
    1

    Post Possible Consequences of Joining a Lawsuit Against Your Employer

    My question involves labor and employment law for the state of: California.

    THANK YOU SO MUCH FOR TAKING TIME AND READING MY POST!

    I have been at my place of work for a year and a half and I just became Assistant Manager.
    It's been about a year now that a former employee has been battling the company in court. She is suing because according to her, she was repeatedly refused lunch and breaks when she worked for the company.
    She actually worked with my former manager (who was transfered to another store) with whom i had a great relationship with.
    When the lawsuit was filed, our company's lawyers were going around and interviewing employees (voluntary interview) regarding meal breaks. I did the interview and the questions were pretty easy. They just wanted to know if there was any instance in which I or any of my co-workers was ever refused breaks or lunchs and stuff like that.

    It's been months and I thought the case was closed until all employees, past and present received and a form from the plaintiff's lawyers that we have to fill out if we want to participate in the class action and also the amount(which is based on the length of time you have been working) we will be getting when they win the case.

    Our District manager told us yesterday at a manager's meeting that there will be no retaliation if we participate, but the company is definitely going to know who participated since all names will be listed in a brochure for pay outs.

    Is that a good decision to participate? Will that be held against us?(even though they say it won't)

    [SORRY IF IT WAS A LITTLE LENGTHY]

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Possible Consequences of Joining a Lawsuit Against Your Employer

    Is that a good decision to participate?
    Were you wronged by the company? Or are you merely looking for a payout? Are you really willing to testify under oath that the company has wronged you?

    Will that be held against us?
    No one here can answer that. We are not your corporate overlords.

  3. #3

    Default Re: Possible Consequences of Joining a Lawsuit Against Your Employer

    If your employer similarly denied you lunch and other required breaks, you can truthfully complete the form. While the law mandates that the employer take no retaliation against you, it will fall on your shoulders if the employer does retaliate against you. With that said, most employers are (correctly) advised by their corporate counsel that they can have a world of legal trouble by retaliating against employees exercising their workplace legal rights.

    Furthermore, considering that this case appears to have evolved into a class action, it is less likely your company will retaliate against all of its affected employees. If the class covers many, or most, of the workers, then you would have added, practical protection based on the number of class members.

    In one respect, it boils down to a matter of principle and money for you. If you are not that exercised about the company “stealing” from you and/or the amount in question is negligible to you, then you may not have a reason to participate in the class action. On the other hand, if you are outraged at having your rights violated in this fashion and/or the amount at issue is substantial, then you may want to proceed.

    You have to weigh the individual factors to make an informed decision. You should consider consulting face-to-face with an employment attorney to assess your options.

    1. Sponsored Links
       

Similar Threads

  1. F Visas: Consequences of F1 Student Working for an Unauthorized Employer for Green Card App
    By peterparker in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 06-22-2011, 05:22 PM
  2. Embezzlement: Consequences of Embezzling From My Employer
    By treday03 in forum Criminal Charges
    Replies: 7
    Last Post: 01-16-2011, 05:35 PM
  3. Trade Secrets: Ex-Employer Threatening Lawsuit
    By Confuzed in forum Intellectual Property
    Replies: 1
    Last Post: 07-01-2010, 08:59 AM
  4. H Visas: H1B Transfer Without Joining First Employer or Entering the U.S.
    By sun_twin in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 10-15-2007, 07:14 AM
  5. H Visas: H1B Transfer anbd Joining a New Employer
    By changingjobs in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 08-02-2007, 06:44 AM
 
 
Sponsored Links

Legal Help, Information and Resources