Legal Question in Employment Law in New York

Removal from a class action lawsuit

I am involved in a class action lawsuit against a former employer since probably 2005. The suit is for retro money based on 30 minutes of unpreviously compensated preparation time for shift. As of lately, I believe this to be a frivolous lawsuit and no longer wish to sue my former company. I have sent a letter to our lawyer and explained to him that I am no longer interested in pursuing this matter and that I would like to be excused from the case. He sent a letter in return claiming that he would only release me from the suit if I paid him almost $7000.00, saying that was his stake. Somehow, that really doesn't seem very ethical to me. I really am uncomfortable with this lawsuit and I don't want to have to hire another lawyer to get rid of this one. Any suggestions on what I should do?


Asked on 9/29/08, 12:22 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Removal from a class action lawsuit

Are you a named plaintiff in the action, or only a member of the class? If the latter, understand that most classes consist of three or more identified persons and a large number of potentials.

If you are not named and don't want to hire another attorney, put your objections in writing, and send it to the attorneys and the court,

indicating your derire to "opt out."

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Answered on 9/29/08, 11:51 am


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