You are officially a new client of Crosner Legal! Congratulations again! Crosner Legal, P.C. has accepted your case and accordingly with advance all costs related to the prosecution of your claim.
The below paragraphs provide a lot of information about the next steps on your case. We will also be emailing you this same information within the next day or two. If you have any questions, please use the contact information below, or feel free to submit to the form below.
Your lawsuit has not yet been filed in court. Our law firm will be taking several steps prior to your case being filed in court. Over the next several weeks, we will be taking the following actions on your behalf:
- Review the intake notes based on your initial phone call or other communications with us and/or referring attorneys;
- Request and review your employment records, such as payroll & personnel file and/or other documentation and correspondences provided by you, your former employer and/or the referring attorney;
- Research your former employer, including all managing agents of business, whether business is in good standing, revenue/financial condition, previously filed lawsuits/PAGA Notices that may impact our ability to pursue your case;
- Research & internally discuss the viability of your prospective claims and prevailing on them between our attorneys and staff;
- Additional actions such as corresponding with opposing counsel or company owners may have been taken as well.
Our employment attorneys will then draft several documents on your behalf, such as a Fair Employment & Housing Administration (“FEHA”) Complaint; a Private Attorney’s General Act (“PAGA”) Notice Letter; a Labor Code (“LC”) 1198.5 & 226 Employment Records Request; and/or a Medical Records Request, depending on the type of claims we feel are viable to bring on your behalf. Please understand that it generally takes two to three weeks for our lawyers to draft these documents. Once drafted, we will send these documents via certified mail to your former employer and any related entities/persons. As required by law, we must permit them with 30 days to provide your employment records and 60 days to respond to the PAGA Notice Letter. Under California law, we cannot file your representative wage and hour lawsuit until at minimum 65 days after mailing certified the PAGA Notice Letter.
In order to move forward as quickly as possible, we need your assistance in gathering the following information relating to your case. You may text message, fax or email us this information (see below for our contact info):
- 2-5 pictures of one of your Paystubs (take as many pictures as necessary so we can see the entire paystub). The Paystub should be from 2014 and should include overtime (if possible);
- 2-5 pictures of the Meal and Rest break section of your Employee Handbook OR mail us your entire Employee Handbook;
- the Names and Phone Numbers of any Current or Former Employees who witnessed the violations of law we discussed OR had the same type of violation occur to them;
- if you are a member of a union, your Collective Bargaining Agreement (or “CBA”);
- if you were on a medical, pregnancy or family leave when terminated or recently before being terminated, pictures of any and all Doctor’s Notes and/or Medical Certifications.
- if your matter includes a Wrongful Termination/Retaliation or Harassment issue, please type or write a brief Timeline of Events describing any discrimination, retaliation or harassment, including all dates of medical/pregnancy/family leaves; dates of disciplinary actions taken against you; dates of complaints made by you to supervisors or Human Resources; etc.
As your attorneys we are here to assist you in all phases of your legal claim. If you have any questions or concerns, the best way to contact us for the quickest response is by text message or email (see contact info below). We will notify you via text message or email of any material updates as your case progresses. It is very important that you do not discuss your case with any representative of your former employer (HR, attorney, supervisor, owner, etc.) without first notifying Crosner Legal.
Lastly, it is vital that you keep us informed if you change your contact information, including either phone number, email address or residence address. You will receive a text message and email from us every two 60-90 days reminding you to provide us with any changes to this information. Please fill out the form in the text and/or email we send if you change your contact information.
As you are aware, we are representing you in a wage and hour (i.e. unpaid wages) class action and/or representative PAGA action against your former employer. You will be acting as either a class representative or a PAGA representative in the class/representative action. As such, there is some important information you should understand. Below is a (1) description of your duties as a class representative and/or PAGA representative; and (2) description of what to expect for recovery as a class/PAGA representative.
Please review these carefully and let us know if you have any questions
PRIVATE ATTORNEYS GENERAL ACT/CLASS REPRESENTATIVE DUTIES
A PAGA representative and/or class action is an important tool to assure compliance with the law even where each individual’s losses may be relatively small. The PAGA/class representative has the following important duties and responsibilities.
- A representative represents the interests of all the representative group or class of employees in litigation to recover damages and/or obtain injunctive relief for the group/class.
- A representative has claims that are typical to those of the group/class.
- A representative represents all persons who are similarly situated with respect to a common course of conduct or practice and/or who are all similarly affected by the challenged behavior with similar claims and/or injuries.
- A representative recognizes the necessity that all group members benefit from the lawsuit equally and that the savings of time, money and effort of litigating the group/class as a representative/class action should benefit all parties and the court.
- Your Attorney will seek a representative enhancement for your efforts in this matter. You have been advised that such enhancements are not guaranteed, are completely at the discretion of the Court, may be reduced or denied completely by the Court, and you agree to waive the right to appeal any reduction or denial of the requested enhancement. I understand that as a fiduciary to the group, that agreeing to the court-ordered enhancement amount is part of my duties as a representative.
- A representative is not required to be particularly sophisticated or knowledgeable about the subject of the lawsuit. However, a representative should follow the progress of the lawsuit and should provide all relevant facts to the lawyers for the group/class.
- A representative always actively participates in the lawsuit, as necessary, by, among other things, answering questions, producing documents, attending mediations and giving deposition/ trial testimony if required. You may be required to travel to fulfill these responsibilities.
- A representative always considers the interests of the group/class just as he or she would consider his or her own interests. In some cases, the representative must put the interest of the group/class before his/her own interests. The representative is the fiduciary and/or “champion” of the group/class.
- A representative recognizes and accepts that any resolution of the lawsuit, by dismissal or settlement, is subject to court approval, and must be designed in the best interest of the group/class as a whole.
RECOVERY AS A CLASS REPRESENTATIVE OR PAGA REPRESENTATIVE
In class actions and PAGA representative actions, the named plaintiff (you), otherwise known as a class representative or PAGA representative, generally has two forms of recovery:
- You can receive an enhancement or service award; and
- You can receive a portion of the class/representative settlement/verdict.
The enhancement or service award is a sum of money awarded to you for being the representative of the class or PAGA group of aggrieved employees. This award must be approved by the court, and therefore generally must fall within a range that the court deems to be reasonable. Based on the case law/historical references from hundreds of class action and/or PAGA representative cases, as well as my own experience in the 100+ class actions that our law firm has been personally involved with, enhancement awards in wage & hour class actions generally fall within a range of $1,500 to $15,000. There are no attorneys’ fees or costs deducted from of this amount, because in a class action/PAGA action, the defendant former employer(s) pay the attorneys’ fees and costs our costs and fees separately from the gross settlement amount. The amount of the enhancement award is case by case and can be dependent on a number of factors, including but not limited to how much work you, the representative, put into the case (i.e. was your deposition taken, did you help us communicate with other class members, etc.), the gross amount of the settlement; the duration of litigation; how long the employee worked for the company; did the employee have other claims such as harassment or retaliation/wrongful termination; was the employee likely to face retaliation, being shunned from the industry, or otherwise job mobility more difficult because of the lawsuit, among other factors. While very uncommon, courts do have the discretion to award no enhancements in a case. This is unlikely because in many cases the client is releasing his or her rights to bring forth any other employment-related claims against the employer (outside of workers compensation or disability claims) through a general release in the settlement agreement.
Additionally, you will receive a portion of the class/PAGA settlement like the other class members or PAGA representative employees based on the amount of time you worked for the company relative to everyone else. While this amount can vary greatly based on the type of case and settlement, it’s been my experience that the average employee (this is based on the avg. amount of time relative to all other employees) can expect to receive anywhere from $100 to 5,000.00. There are also no attorneys’ fees or costs taken out of this amount.
HOW LONG CAN I EXPECT MY CASE TO TAKE?
Wage and hour class actions and PAGA representative actions require an extensive amount of work and time. In our experience, these cases can take anywhere from 1 to 3 years, on average, for settlement and payment. Due to COVID-19, there have been delays with court closures and law and motion hearings being continued or scheduled several months later than pre-COVID-19.
HOW TO CONTACT US FOR A CASE UPDATE
You may contact us any time for an update on your case using the below information. We will also contact you directly when we feel there is a material update on your case, or if something requires your attention. However, you should understand that typically there are no material updates on a case for at least two month periods since the last time we updated you, or you sought an update on your case.
You may reach out to James Reid directly for an update on your case. Further, upon your case being filed in Court, it will be assigned to an attorney at our law firm. Within approximately 30-60 days of the case filing, the attorney handling your case will reach out to you directly for an introduction call.
- To Text: (323) 686-2096
- To Fax: (310) 510-6429
- To Email: firstname.lastname@example.org
- To Mail: Crosner Legal – 9440 Santa Monica Blvd., Ste. 301, Beverly Hills, CA 90210
KEEPING US INFORMED OF ANY CHANGES TO YOUR CONTACT INFORMATION
It is vital that you keep us informed if you change your contact information, including either phone number, email address or residence address. You will receive a text message and email from us every two 60-90 days reminding you to provide us with any changes to this information. Please fill out the form contained within the text and/or email we send if you change your contact information. You can also find the form to update your contact information by clicking here: https://crosnerlegal.typeform.com/to/g96ojEJN.