What Certain Factors That Can Improve a Labor Case’s Chance of Prevailing in Court?
Interviewer: What factors would improve a case? It sounds like a federal case versus a state one would give the plaintiff a better chance of recovery or is that not true? Does a collective action case improve the case’s odds versus just an individual going forward?
Attorney Samuel’s Finds There Are Benefits When a Case Is Heard in Federal Court
Michael: Yes. There’s a lot of benefits to going into federal court. First of all, federal court moves a lot faster than the state court action, so whenever we have an opportunity to get into federal court, we will always take that opportunity.
In addition, when we have multiple plaintiffs that always improves the case. This is because it’s not just one plaintiff saying that he was cheated out of overtime. It’s an entire group of people saying that the employer cheated them.
We have handled cases where it’s over 50 plaintiffs on a collective action, and when 50 people are saying that they were cheated out of money, that’s something that a jury or fact finder will probably find credible. So if 50 people are saying the same thing, so we always like to get as many plaintiffs into a case as possible to improve our chances of a favorable outcome.