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Can a class action survive in an employment case if the plaintiff also has legitimate individual claims?

Los Angeles, CA |

there is skepticism of a plaintiff being arguably not fit for class representation when other claims are brought up. So what if a plaintiff has indeed been harassed physically, discriminatory slurs made to make the environment less welcoming in hope the plaintiff will quit, and retaliation from the legal case and from other complaints to management regarding OSHA violations (health and safety) and have documented through notes and photos. most of which occurring post class action filing? how does a plaintiff go about making sure the company is held accountable for its unlawful actions?

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Attorney answers 2


The simplest solution may be for this plaintiff to file a separate lawsuit for his or her individual claims. It does not make sense to try the separate individual claims with the class claims, particularly if the class claims are based on other conduct.


There are many ways to handle the issue. For example, there can be subclasses.

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