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Joining class action against employer??

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Houdiniwashere

Junior Member
What is the name of your state? Missouri

My question concerns the handling of a class action lawsuit against my current employer of 3 years. The lawsuit was filed by 3 former employees, alleging unpaid wages on a large scale. All current and past employees of this company (including myself) were recently sent notice of eligibility to sign on as co-plantiffs. Without going into the details of the suit, suffice to say I stand to collect a relatively large amount if settled in my favor.

My question is this, can my employer threaten to fire me if I choose to sign-on as a plantiff in the suit? Keep in mind this suit is for alleged non-payment of wages for two years to almost 90% of employees at the company.
 
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LeeHarveyBlotto

Senior Member
What is the name of your state? Missouri

My question concerns the handling of a class action lawsuit against my current employer of 3 years. The lawsuit was filed by 3 former employees, alleging unpaid wages on a large scale. All current and past employees of this company (including myself) were recently sent notice of eligibility to sign on as co-plantiffs. Without going into the details of the suit, suffice to say I stand to collect a relatively large amount if settled in my favor.

My question is this, can my employer threaten to fire me if I choose to sign-on as a plantiff in the suit? Keep in mind this suit is for alleged non-payment of wages for two years to almost 90% of employees at the company.
Yes, they can threaten to fire you.
 

las365

Senior Member
I think your question is really, "Would it be legal for my employer to fire me or otherwise retaliate against me?" and I believe the answer to that is probably "No." Would the employer do it even if it's not legal? Maybe.

You should address all of your questions about what is expected to happen, what might happen, and what your options and remedies are in the various potential circumstances to the attorneys handling the lawsuit.

It's tempting to give you a recommendation of what to do, but given the lack of all of the facts I think it would be irresponsible, so I won't. Best of luck to you.
 

tranquility

Senior Member
I would never sue the person who is paying me money. Recall the quote about biting the hand which feeds you? Sometimes things get very difficult. Then you may want to stand up for your "rights". This may be such a time. But, even with all the laws against retaliation, I GUARANTEE there is a legitimate reason for letting your worthless a** go.

Decide appropriately.
 

Houdiniwashere

Junior Member
But, even with all the laws against retaliation, I GUARANTEE there is a legitimate reason for letting your worthless a** go.
Well in Missouri there is no need for a specific reason to fire an employee. That is why I phrased my question as I did. In spite of your ignorant assumption, I am one of my office's top salespeople and expect my manager to "advise" me not to take part in the suit to avoid having to fire me down the road.

Nonetheless, I still don't feel like a definitive answer has been reached as to whether there are any laws that would prevent my employer from firing me if I joined the suit? Thank you for the replies so far, any other opinions out there?
 
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las365

Senior Member
Okay, here is the exact answer to your exact question, even though it was already given in the very first response:

My question is this, can my employer threaten to fire me if I choose to sign-on as a plantiff in the suit?
Yes, they can threaten to fire you and that is not illegal.
 

Betty

Senior Member
This is a decision you will have to make yourself - you might want to talk to the attorney handling the lawsuit as suggested by las365.
 

tranquility

Senior Member
Well in Missouri there is no need for a specific reason to fire an employee. That is why I phrased my question as I did. In spite of your ignorant assumption, I am one of my office's top salespeople and expect my manager to "advise" me not to take part in the suit to avoid having to fire me down the road.

Nonetheless, I still don't feel like a definitive answer has been reached as to whether there are any laws that would prevent my employer from firing me if I joined the suit? Thank you for the replies so far, any other opinions out there?
I was using humor in an attempt to inform. Apparently, you don't get humor so I'll just be blunt. Even if there is some law which would prevent them from firing you (There may or may not be depending on the specific facts and why the suit is being prosecuted.), it is irrrelevant. NO ONE is so good an employer can't come up with SOME LEGITIMATE REASON to fire them. Then, you would have the burden to prove *that* was not the reason, but for retaliation for being involved in a lawsuit being prosecuted for a protected reason.

Think of the fun! The years of litigation! The knowledge you will share with other employers when you are trying to get another job to support yourself. "Oh yeah my last employer fired me because I sued them. Sure, they said it was because I [was drinking/was rude to a client/didn't fit into their future plans/whatever], but it was really because of retaliation because I sued them." Now, a super salesman may get that next job. If it's a close call, most employers will just say "pass" to such a person as no one wants to do anything to increase the chance to get sued.

Those who have sued, tend to sue. As I said, decide accordingly.
 

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