Every wage theft case in Ohio is unique. There is no way to guarantee the outcome of a wage and hour lawsuit. The amount of compensation collected by a victim depends on many factors, including whether the case goes to trial. The only way to determine whether your case would benefit from being filed as a lawsuit in Ohio is by consulting with a Cleveland wage and hour attorney.
In Ohio, wage and hour cases don’t always go to trial. The majority are resolved outside of court via settlements. A settlement is a legally binding agreement between an insurance company and a claimant to resolve the wage claim for a specified amount of money.
Most wage theft cases begin with complaints filed with the Ohio Department of Commerce. The Department will investigate the complaint and may resolve the issue by requiring the employer to pay. Oftentimes, these matters are handled through administrative hearings and rulings rather than traditional trials.
Employers in Ohio are more likely to settle a claim rather than risk a trial. At trial, the employer has no control over the outcome of the case or how much they must pay the claimant. An insurance settlement, on the other hand, is a negotiation that gives the employer more autonomy over the terms of the resolution.
In general, a wage theft trial will only take place in Ohio if settlement negotiations and administrative hearings fail. In this situation, you may need to file a lawsuit and have it proceed through the court system.
A Cleveland wage theft trial could benefit you as a plaintiff if settlement negotiations do not result in the financial compensation that you deserve from an employer. A judgment award from a jury is generally higher than the amount an insurance company offers to settle a wage theft case.
If your wage and hour lawyer believes that going to trial is the right choice for you, trust your attorney to represent you in trial with a personalized legal strategy. While going to court can seem daunting, it can be worth it in terms of monetary damages. In addition, the court may penalize your employer and require the company to improve its practices in the future.
Note that even after you file a wage theft lawsuit in Ohio, it may not get to court. Most of the time, the parties involved in a lawsuit reach a settlement agreement through negotiations before the first day of the scheduled trial.
Talk to your coworkers or former colleagues to discuss whether they are also victims of wage theft. Your employer may be guilty of common violations such as unpaid overtime, failure to pay minimum wage, or unpaid rest and meal breaks. If there is any evidence of wage theft among others at your job, filing a class action lawsuit may be in your best interest.
A class action describes a group of people going up against a shared defendant, such as an employer or company. Pooling multiple claims together in this way is more efficient for the legal system and may be best if each claim individually is not large enough to file. If the court awards compensation in a class action suit, it will be distributed among all plaintiffs, known as “class members.”
Wage theft is a wrong that you can make right with help from a lawyer. Contact an experienced attorney for assistance and representation throughout the legal process. Whether or not your case goes to trial, your attorney will look out for your best interests and fight for maximum compensation on your behalf. Request a free consultation with a lawyer at Scott & Winters Law Firm, LLC today at (216) 446-8886 to learn more.
