Retaliation is extremely rare when employees join a class action against a large organization such as an insurance company. In fact, employees are more protected by expressing their right to join a lawsuit since the Fair Labor Standards Act and state laws forbid employers from retaliating against employees who pursue their claims for unpaid overtime. It is also very expensive for an employer to have to defend a retaliation case because the recovery for an employee can be double the amount of the income an employee loses if an employer retaliates.
Some employees may fear retaliation by their employer for pursuing their overtime claims. This fear might prevent them from joining lawsuits and unfortunately, from obtaining financial recoveries in this class actions. However, the good news is that the Fair Labor Standards Act (the “FLSA”) specifically forbids employers from retaliating against and terminating employees who pursue their overtime claims, and our firm will file suit against any employer who retaliates against an employee for pursuing their claims.
In Easterwood et al v. Sedgwick, 1,334 Notices and Consents to Join went to both current and former employees to join this Class Action. Every day, current and former employees are joining this lawsuit, and there have been no reported instances of retaliation since the lawsuit was filed in April of 2019. There is strength in numbers. Meaning, that many fears should be assuaged when joining multi-Plaintiff cases and class actions.
Overtime claims have time periods in which you must file a claim or join a class action. If you wait too long out of fear of pursuing claims, you may diminish your recovery.
If you think you may have an overtime claim but fear retaliation, contact Lytle & Barszcz today to learn more. All communications with our firm are confidential and privileged.