There is a general misconception among employees that they are better off as members in a class action. In fact, as to the recovery of monies, an individual employee is far better off in the amount of the recovery if the employee opts out of the class action and pursues the matter as an individual plaintiff.
Historically, the amount that members of a class action receive compared to the amount received by a individual in a separate plaintiff’s action may be less than one-tenth. Although, the employee representative of the class is given a larger share than the rest of the class members. This larger share is relatively small and may increase the representative’s share to one-fifth of what would be received in the individual suit.
The great benefit is to the attorneys who represent the class in a class action suit. Typically, in a $3 million dollar settlement, the attorneys will receive a million dollars in fees and costs, and the class members may receive as little as $300 each.
For further information as to whether you should initiate a separate plaintiff suit or opt out of a class action, please contact Alan Burton Newman, PLC.. Our employment law attorney is backed by decades of experience.