Should I allow my employer to disclose my name and contact information to attorneys in a class action?

Q: MY employer has been sued in a class action by another employee who is trying to collect unpaid wages. All the employees, including me, received a Notice from an Administrator saying that the attorneys who filed the class action want to obtain my name and contact information because I might be a member of the class action. I am concerned about identity theft. Should I allow my name and contact information to be given to the attorneys? What happens if I do or do not provide my information?
A: It is up to you whether you allow your name and contact information to be given to the attorneys who filed the class action. Normally, when Notices like the one you mentioned are sent out in the context of a class action, the employee is given an opportunity to specifically object to the disclosure by filling out a form provided in the Notice. If the employee does not object to the disclosure, no action is required from the employee.
There are several advantages to you, as an employee, if you allow the disclosure of your contact information. One advantage is that you will have the opportunity to know more about the lawsuit, the claims being sought, and what you, as a class member, may be entitled to recover should there be a settlement or judgment for the employees.
Another advantage is that if you want to provide information to the attorneys who filed the lawsuit, without necessarily disclosing your involvement, this is a good opportunity to do so. In our experience, other aggrieved employees take advantage of the class action mechanism by providing information that may help the case of the employees, without necessarily “getting involved” in the case. Of course, other aggrieved employees who want to become active and be involved in the case are more than welcome to contact the attorneys and express their willingness to be witnesses in the case.
Is identity theft a concern in this situation? Generally, the Notice will only ask for the name and last known mailing address of the employee, and perhaps a telephone number. It will not ask for Social Security numbers or any type of financial information. Attorneys will use the contact information simply to provide information about the lawsuit, nothing else. Attorneys are bound by strict confidentiality rules issued by the court concerning the handling of these information.
Another concern about disclosing the name and contact information of employees is the possible infringement on the employee’s privacy rights. Courts certainly regard the contact information of current and former employees as deserving of privacy protection. When employees gave their address and telephone number to their employer, there is expectation that the information would not be divulged externally except as required by law. However, courts have said that while employees expect their information to be kept private, this does not mean that they would want to withhold their information from a class action attorney who may be seeking relief for employees who experienced violations of employment laws. In fact, the opposite may be true, that current and former employees may want their information disclosed to the class action attorney who may ultimately recover for them unpaid wages that they are owed.
Additionally, information concerning name, address, and telephone number may not be as “sensitive” as information regarding personal medical condition or history, personal finances or other financial information, business secrets, intimate activities, or similar private information that may “unduly interfere” with the individuals’ informational privacy.
Thus, in balancing the opposing interests between disclosure and non-disclosure, courts find that disclosure is favored, particularly when at stake is the fundamental public policy underlying California’s employment laws, i.e., the prompt payment of wages due an employee.
Finally, employers are prohibited from retaliating against their employees if the employees do not object to the disclosure of their information in a class action.

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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost.  Atty. Sayas’ Law Office is located at 500 N. Brand Blvd. Suite 980, Glendale, CA 91203. You can contact the office at (818) 291-0088 or visit  www.joesayaslaw.com. 

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C. Joe Sayas, Jr., Esq. is trial attorney who has obtained several million dollar recoveries for his clients against employers and insurance companies. He has been selected as a Super Lawyer by the Los Angeles Magazine, featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements, and is a member of the Million Dollar-Advocates Forum.