Highland, CA asked in Personal Injury and Health Care Law for California

Q: Does one need the 'Right to Sue' document when trying to retain an attorney in a class action suit?

Can an attorney move forward in a class action suit against an employer. (A state agency) or is the "right to sue" process necessary? Or what is the process to initiate a class action suit

1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
  • Grand Terrace, CA
  • Licensed in California

A: There IS NO 'class action' in Workers Compensation in California. So the loss must be beyond the scope of employment. The employment relationship had to have ended and when the loss occurred, You were just another consumer or patron/patient. Then an attorney gets you "certified" as the representative of the group of people who had losses because of that defendant's breach. If this defendant's breach is covered by the ADA, you may need a Right To Sue letter from the EEOC. iF it is a state workplace loss, you may need a Right To Sue letter from the DFEH (calif). If no gov't agency is prosecuting this loss/issue and it's not workers comp, you'll get that Right To Sue letter and your 'class action' counsel can give notice that you are pursuing a Class Action complaint and you are the representative of that class.

Tim Akpinar agrees with this answer

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