It’s unfortunate but true: if an employer is mistreating an employee in a manner that is serious enough to initiate a legal claim against that employer, odds are that the injustice may be occurring in a more systemic way, affecting others in the same workplace. That such wrongdoing is more widespread in an organization becomes a distinct possibility when an employee’s complaint concerns improper payment of wages, such as overtime, or employment discrimination involving age, race, sex, religion, or national origin. If others have experienced similar wrongful treatment in the workplace, a class action may be warranted. Indeed, there is power in numbers in this unique form of litigation.
When circumstances dictate filing a class action, the principles at stake may well involve more than the pursuit of justice for the individuals waging the lawsuit. A favorable legal decision can bring about vital, lasting change in the plaintiffs’ workplace. What’s more, their class action judgment can have even greater impact, reverberating throughout an entire industry in improving the treatment of workers.
Given Betz + Blevins’ years of experience in employment litigation and related legal areas, class action representation is an integral part of our scope of practice. Our class action services also include appellate work. If you believe that you and your colleagues have a potential class action case and would like to talk to qualified counsel that can fully weigh the merits of your dispute and candidly advise you as to the viability of your case, contact us for a consultation.
Some cases representative of our experience in this area are:
Budden v. Board of School Com’rs of City of Indianapolis (IPS)—A state appeal involving class action rights for all citizens in Indiana against public entities. Settled class action for more than $600,000. 698 N.E.2d 1157 (Ind. 1998)
Secrest, et al. v. Newark Corporation, et al.—A dispute over whether an employer was required to pay severance to management employees under an employment agreement when the employer sold the company and the employees were hired by the new company. The dispute was settled. Cause No. 1:04-cv-0828-JDT-TAB filed in the United States District Court for the Southern District of Indiana, Indianapolis Division.
Beaver, et al. v. Rick’s Café Boatyard—This pending case is a collective action under the Fair Labor Standards Act seeking payment of overtime for hours worked in excess of 40 hours during a workweek. Cause No. 1:04-cv-1409-DFH-TAB filed in the United States District Court for the Southern District of Indiana, Indianapolis Division.
These prior cases in no way predict future success, but only show our past experience.