Employment Class Action Lawsuits That Warrant Hiring An Employer Defense Attorney

2 November 2022
 Categories: Law, Blog

An employment class action lawsuit is a court case filed by many employees against an employer. The purpose of an employment class action lawsuit is to seek monetary compensation for all the plaintiffs in a single lawsuit instead of filing many lawsuits against a single employer. 

Most employment class action lawsuits can force an employer to pay their employees millions of dollars in damages. When an employer faces an employment class action lawsuit, they should hire an employer defense attorney to represent them in court and provide legal counsel. 

Here are two examples of employment class action lawsuits that mandate you hire an employer defense attorney. 

Family and Medical Leave Act (FMLA) Violation Cases 

Under the Family and Medical Leave Act, employees have a right to unpaid and job-protected leaves for specified family and medical situations. But FMLA regulations are quite complex and only apply to employees who are eligible for said leaves. It is not uncommon for employees who don't understand how FMLA eligibility works to file class action lawsuits against an employer who refuses to grant FMLA leave. 

In such a situation, an employer should hire an employer defense attorney to assist them in fighting the case. Employer defense attorneys have a deep understanding and knowledge of the FMLA Act limitations. They can help an employer prove to a court of law that their decision to deny employees FMLA leave is justifiable under the FMLA Act. 

For instance, an employer defense attorney can help prove that:

  • The employees are ineligible for FMLA leave
  • The employees requested FMLA leave under false pretenses
  • The employees had already exhausted their yearly FMLA leave period

Breach of Employment Contract Cases

Employment contracts are legally binding agreements between an employer and their employees. Employment contracts dictate various aspects of an employee's employment, such as:

  • Wages
  • Duties
  • Allocation of benefits
  • Circumstances of termination

But, sometimes, an employer might breach an employment contract due to unforeseen circumstances. For instance, if the business performs poorly, an employer may have to lay off some employees to downsize the company. However, the laid-off employees may see the move as wrongful termination. They might band together to file a class action lawsuit against their former employer for wrongful termination. 

In such a scenario, an employer defense attorney plays a crucial role in defending the employer against such allegations. Besides, the employer did not lay off the employees out of malice or ill will. An employer defense attorney can help the employer prove that the laying off was a strategic move to prevent the business from failing.

Reach out to an employer defense attorney near you for more information.