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In a class action lawsuit, one or more “named plaintiffs” represent the entire class, a large group including class members who are not individually named, but who suffered similar harms caused by the same Defendant. This differs from a single lawsuit filed by numerous employees who each are the named co-plaintiffs. For more on race discrimination and class actions, read NJ Race Discrimination Attorney: My Employer Discriminates Against Black Workers, Should We File Class Action?

If your employer is discriminating against you because you are a member of a protected class such as race, age, sex, etc., you should contact this office immediately for a free consultation. I am an experienced and successful employment discrimination attorney who can advise you as to your options and the best course of action for you. Don’t sit on your rights! If you are being discriminated against or paid less than similarly situated employees because of your class, you may call this office today for a free consultation. 

In a single filed lawsuit with numerous plaintiffs, each plaintiff is actively involved in the legal proceedings and has some control within proceedings, i.e., each Plaintiff has to answer Discovery Requests, Interrogatories and Notices to Produce, can be Deposed. In a class action only the persons who are the “named” plaintiffs are actively involved in legal proceedings. A larger group of “unnamed” class members must have shared legal claims with the “named” plaintiffs. The workers can choose to be a part of the class and have their claims resolved through the class action lawsuit or they can choose to “opt out” and pursue their own individual lawsuits, for the wrongs committed against them. If they choose to opt out, they can file their lawsuit alone or with other co-workers being named as co-plaintiffs. 

In a non-class action lawsuit, multiple workers who suffered discrimination can file as individual plaintiffs within the same discrimination lawsuit. In a non-class action lawsuit, but a lawsuit with an individual plaintiff, or even multiple individually-named plaintiffs, the plaintiffs have more control over the process than do055008 the “unnamed” plaintiffs in a class action.

A disadvantage for the unnamed plaintiffs in a class action who have not chosen to opt out, is the class action unnamed plaintiffs have no control of the outcome of the case and the remedies available to them.

Under Rule 4:32-1. Requirements for Maintaining Class Action are a follows:

(a) General Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if:

(1) the class is so numerous that joinder of all members is impracticable,

(2) there are questions of law or fact common to the class,

(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and

(4) the representative parties will fairly and adequately protect the interests of the class.

(b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of paragraph (a) are satisfied, and in addition:

(1) the prosecution of separate actions by or against individual members of the class would create a risk either of:

(A) inconsistent or varying adjudications with respect to individual members of the class that would establish incompatible standards of conduct for the party opposing the class, or

(B) adjudications with respect to individual members of the class that would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or

(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or

(3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The factors pertinent to the findings include:

(A) the interest of members of the class in individually controlling the prosecution or defense of separate actions;

(B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class;

(C) the desirability or undesirability in concentrating the litigation of the claims in the particular forum; and

(D) the difficulties likely to be encountered in the management of a class action.

I am an aggressive and compassionate employment law attorney who is experienced in successfully representing employees who suffered illegal employment discrimination. If you find yourself in a situation where your employer is discriminating against you or inadequate job security because of the aforementioned issues, you should contact this office today for a free consultation.

In many instances of discrimination or a hostile work environment, if you quit your job, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of resigning, or think you will be fired, or have already been terminated, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.

Contact Hope A. Lang, Attorney at Law today for a free consultation. I accept discrimination cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.

Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and in every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.