What is Collective Action?
Collective action is legal action taken by a group of claimants who have been harmed by the same or similar occurrence, such as negligence, injury, or harassment by the same employer.
Teaming up can enable the affected individuals to take effective action against the company or corporation that caused the harm and get justice, such as in the form of compensation.
If you’ve experienced harm because of your employer, you might know of other employees who are in the same situation. You might wonder if you can pursue a collective action lawsuit together.
Read the rest of this article to learn more about collective action and how it can help you, such as:
- How collective action varies from class action
- Common claims in collective action lawsuits
- Benefits of collective action
- If collective action is a good option for your specific claim
- Compensation you’ll receive from collective action
- How a lawyer will help you
What is Collective Action vs. Class Action?
Collective and class action lawsuits vary a bit. While a class action lawsuit involves a large group of people going to court because they have suffered similar harm from the same defendant, a collective action involves many people suffering similar grievances with the difference that these grievances are limited to labor and employment disputes.
In a collective action lawsuit, current and/or previous employees will file the lawsuit against their employer. Typical issues involved in collective action lawsuits include violations over wages and unpaid overtime.
Another major difference between collective and class action is that people involved in collective action must opt into the lawsuit, whereas those involved in a class action lawsuit are automatically a part of the class unless they decide not to be.
What are Common Claims in Collective Action Lawsuits?
Some of the most common claims made in collective action lawsuits include the following:
- Lack of payment. Payment claims can include unpaid wages, minimum wage violations, and unlawful deductions.
- Discrimination in the workplace. This includes gender, race, and age pay disparities.
- Misclassification. This involves not classifying an employee’s job role correctly, resulting in less pay or a lack of benefits owing to them.
- Retaliation. An employer might punish employees for speaking up about wrongdoings in the company. This can involve giving employees unfair shifts or reducing their work hours.
What are the Benefits of Collective Action?
There are various advantages involved with collective action. Here are some of the most important.
- You feel stronger together. When many people come together with similar claims against a defendant, this can make them feel more confident about pursuing their claims.
- You can share legal costs. This can make it much more affordable to take companies to court.
- You can make companies more accountable. Since there’s power in numbers, a collective action can put pressure on companies that have been harmful to their employees.
Is Collective Action Appropriate For You?
If you’ve experienced harm from an employer and you want to take action against them, you might wonder if you have the opportunity to pursue collective action. Here is when it might be viable:
- Other people from your company have faced similar treatment, such as in the form of harassment or wage violations. The employees don’t have to be from the same department, as long as they have experienced a common toxic practice or policy.
- The company has a toxic culture or policy that is hurting people.
- The employer has violated employment laws, such as regarding worker protection or discrimination.
What Compensation Can You Achieve from a Collective Action Lawsuit?
If your lawsuit is successful, a settlement will be agreed upon. Being a part of the collective action means that you’ll receive a portion of the settlement.
Sometimes, lead plaintiffs will get most of the money because they have higher damages than other members of the collective action.
The payment you receive could take the form of a lump-sum payment or structured settlement, which is payments made over time.
Although settlements can be millions of dollars in the case of major lawsuits, how much people will receive depends on factors such as the following:
- The number of people who are involved.
- How many people have been harmed or injured.
- How many lead plaintiffs are in the group.
How Can a Lawyer Help You With a Collective Action Lawsuit?
A lawyer is required to help you with a collective action lawsuit, but not just because they will represent you in court. Qualified lawyers can assist you in various ways during the process of collective action. This includes the following:
- They’ll assess if collective action is a viable option for you, based on your claims.
- They’ll guide you on whether or not pursuing legal action is appropriate or if you should join a lawsuit that’s already established.
- They’ll build your case so that it’s strong and has enough evidence to grant you a favorable outcome.
- They’ll manage all documents and discovery. Collective action cases can involve lots of documents and data, so you’ll want assistance from an experienced lawyer.
- They’ll be able to negotiate for successful settlements.
- They’ll calculate the type of damages you can expect.
- They’ll deal with powerful defendants on your behalf.
- They’ll represent you in court.
- They’ll help you seek out other people who might be linked to the case.
- They’ll file your complaint and prepare you for court proceedings.
- They’ll guide you through the process of collective action, so you don’t have to feel alone or overwhelmed.
Do you need to find an employment lawyer for help with a collective action?
Contact a lawyer on ContractsCounsel, an online legal marketplace that connects clients to experienced, skilled, and vetted lawyers on the platform.
The platform makes finding the right lawyer for your legal requirements convenient because you can review lawyers according to factors such as their client ratings, credentials, years of experience, and location.
Hiring the best lawyer for a collective action lawsuit gives you peace of mind that you can gain justice and legally protect your interests.
