Class Certification is Denied where there are significant individual issues

November 7, 2012

Morgan v. Wet Seal, Inc.

Trial court did not abuse discretion in denying certification of class action by employees claiming they were required to purchase clothing and merchandise from employer as a condition of employment and to travel between business locations without reimbursement for mileage. There were significant liability issues that needed to be resolved on an individual basis, as claims were not founded on any written or uniformly followed company policy; a number of putative class members and supervisors declared that employees were not required to purchase merchandise; and plaintiffs? own evidence refuted inference of company-wide failure to reimburse employees for mileage. 

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