Legal Question in Employment Law in California

I have been contacted by a previous employer telling me that another former employer has filed a class action lawsuit. My previous employer wanted to meet and have a discussion with me. This morning I received a message from my former employer and was told that they are going to pay me for my lunch not given, drive time and overtime not paid. She is only paying me this from 2009 on but I started with the company in 2008. I realize if I take this money, she is going to want me to sign away my rights to the class action lawsuit. However, she is telling me on my voicemail that they are going to pay me this money. Should I take the money or wait for the class action lawsuit? Can they not pay me the money if I opt to go with the class action lawsuit? Which would be more beneficial to me?

Asked on 8/29/13, 10:36 am

1 Answer from Attorneys

Kristine Karila Law Office of Kristine S. Karila

Call an employment law attorney to discuss. Many offer a free initial phone consultation and may be able to get all that is owed to you. If you are owed overtime, you get at least time and one half and sometimes double time plus interest plus your attorneys' fees can be paid by your former employer. If your right to meal/breaks was violated, you also get money for that. Class action lawsuits can take a very long time and unfortunately, if you don't opt out and pursue a settlement of your claim on your own (with counsel, preferably), most of the money goes to the class action attorneys.

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Answered on 8/29/13, 11:10 am

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