Lori Costanzo of the Costanzo Law Firm along with Co-Counsel Lori Andrus of Andrus Anderson announce that Farmers Insurance has agreed to settle the pay discrimination class action lawsuit brought by its female attorney-employees, who allege that they are paid less than their male counterparts for doing similar work. Symbolically, the agreement was announced the same week as Equal Pay Day on April 12, 2016. Equal Pay Day is the representational day when women’s earnings “catch up” to men’s earnings from the previous year.
Employment law issues can be very sensitive; knowing when and how to assert ones rights as an employee is difficult. Not only could the future with the employee’s present employer at risk, but often their professional reputation moving forward is at stake as well. Lori Costanzo, with over 25 years of civil litigation experience, places a special emphasis on employment matters in her legal practice.
California is an at-will employment state, which means that absent a contract, or other types of agreements giving an employee a continued expectation of employment, an employer can terminate an employee for any reason or no reason at all. However, an employer can either expressly or impliedly modify that at-will relationship. If the relationship has been modified, the employer must then have good cause to terminate an employee.
Additionally, California courts have reasoned that an at-will employee cannot be terminated for reasons that would violate public policy, such as an employer firing an employee for reporting illegal activity. Wrongful termination cases are very much fact specific and proof can be difficult as much of the information and records are controlled by the employer.
Both federal and state laws shield an employee who is a member of a protected class. It is unlawful if an employee suffers a negative employment consequence solely due to their national origin, race, religion, gender, age, sex or sexual orientation. Based on the facts and circumstances, there can be disparate treatment of an individual in a protected class or a disparate impact on the individual as a member of the class. Employers might go to great lengths to hide their true motivations behind discriminatory company policies. Sexual harassment is a form of discrimination.
California law prohibits employers from retaliating against employees who engage in protected activities. Examples of protected activities are where an employee complains about an incident of harassment or discrimination or if the company is engaging in illegal activities. Employees are also protected from negative employment consequences if they cooperate with an official investigation being conducted at the workplace. The retaliation can come in many forms, such as demotions, being overlooked for promotions, unjustified admonishments, work place bullying, transfers to less favorable working conditions or any other negative result.
Employee benefits are not required to be offered to employees but once they are, California law regulates the manner in which the benefits are paid. The feeling of security an employee may have can be quickly shattered when the filing of a claim results in a denial of benefits. Most of the matters involving employee benefits such as health, disability and retirement plans are complex and require experienced and knowledgeable counsel.
In addition to employment law issues, Ms. Costanzo’s firm handles a wide variety of civil matters including:
Ms. Costanzo has had great success as a litigator and is always ready, willing and able to take a case to trial if that is in the best interests of her client. However, she also realizes that not every situation calls for litigation. A particular strength of Ms. Costanzo is her dedication to her clients; this means thoroughly investigating all the details of the case, exploring every option possible and crafting a well-thought out strategy designed to achieve the best result possible. Sometimes mediation and a settlement are the best answer, and sometimes the courtroom will provide the remedy. In every case, Ms. Costanzo’s clients receive the highest quality legal services with a true compassion for what they are going through.
For all your legal issues, from simple advice to complex litigation, call Lori Costanzo at 408-993-8493.
Your employer has an obligation to provide a working environment that is free from sexual harassment. Sexual harassment can take many forms; it is…[ Read More ]
San Jose Employment Attorney Reviews Common Questions about Wages and Overtime If you are an employee (not an independent contractor), then you have certain rights…[ Read More ]
Lori Costanzo, an insurance lawyer of the Costanzo Law Firm along with Co-Counsel Lori Andrus of Andrus Anderson announce that Farmers Insurance has agreed…[ Read More ]
San Jose Personal Injury Lawyer Insurance companies each carve their own path in the manner in which they conduct business. An experienced San Jose…[ Read More ]
Our San Jose employment lawyer can help you if you were discriminated against due to pregnancy when applying for a job or as an employee.…[ Read More ]
Our San Jose personal injury lawyer can explain that personal injury claims can result from a number of accidents. For example, a personal injury…[ Read More ]
If you feel that your workplace has violated your federally protected rights, contact the experienced employment lawyers in San Jose for a consultation. Your…[ Read More ]
If you have been recently fired and feel that it was not legal or you have been wrongfully terminated, contact your San Jose employment…[ Read More ]
Make no mistake; insurance is a business, and insurers increase their bottom-line profits by denying claims or forcing low-ball settlements. Although every case is…[ Read More ]
Your San Jose personal injury lawyer from Costanzo Law Firm understands that all personal injury claims are not created equal. There are several factors…[ Read More ]
Clients sometimes ask our San Jose personal injury lawyer what to do when it seems as though the insurance company is stalling by using various…[ Read More ]
Discovery in civil litigation is intended to narrow the focus of the impending trial and allow each side to have the same information as…[ Read More ]
As part of the civil litigation discovery process, you will be required to testify at a deposition before your employment claim proceeds to trial.…[ Read More ]
Both federal and California law affords protections to pregnant employees and job applicants. Pregnancy discrimination occurs when a woman is treated unfavorably due to…[ Read More ]
Our San Jose employment lawyer at Costanzo Law Firm builds cases in a manner best designed to anticipate potential defenses that may be raised by the…[ Read More ]
If you work in an industry that relies on tips but your employer has been disputing your right to those tips, contact your San…[ Read More ]
Our San Jose employment lawyer sees the effects of discrimination in the workplace on a daily basis. These negative effects are numerous and far-reaching.…[ Read More ]
Employers and employees sometimes ask our San Jose employment lawyer about the proper procedures when an individual is let go. In certain situations, terminating an…[ Read More ]
A San Jose employment lawyer can explain that California employers are usually free to terminate their employees for any reason, so long as it…[ Read More ]
Before speaking with a San Jose employment lawyer, be very selective in how you choose to discuss your case. Most employees make the mistake…[ Read More ]
San Jose discrimination lawyers look for direct evidence that the employer's action was retaliatory. All of the Circuit Courts of Appeal agree that certain…[ Read More ]
While many motor vehicle accident cases depend on who had the right-of-way, our San Jose personal injury lawyer can explain that more factors are…[ Read More ]
After your San Jose personal injury attorney files your lawsuit, your deposition will be taken. Your lawyer can explain this process, as well as…[ Read More ]
Most personal injury cases have three essential stages: investigation, negotiation and litigation. Usually, these stages can overlap, and many cases are often resolved without…[ Read More ]
A San Jose personal injury attorney can explain that there are many steps that you can take to assist him or her in obtaining…[ Read More ]
Being prepared and calm will keep you from becoming flustered and making mistakes during your deposition. Consider these 15 recommendations for giving your best deposition with your…[ Read More ]
Even a minor auto accident can lead to severe injuries. Regardless of whether you only ended up with mild bruising or a broken arm,…[ Read More ]
A San Jose business litigation attorney can explain that corporations and other formal business structures may help provide protection to the business's founders, members,…[ Read More ]
If you are preparing to go to court in a discrimination case, a San Jose employment lawyer advises that you need to diligently produce documents.…[ Read More ]
San Jose discrimination lawyers can explain that a disparate treatment case is based on the idea that you as an employee were singled out…[ Read More ]
Deciding when to negotiate and when to litigate a business dispute is not as easy as one might think; indeed, it requires an ability…[ Read More ]
Were you or someone you know misdiagnosed for a medical condition, leading to a longer recovery period and additional stress and pain? If so,…[ Read More ]
As a San Jose employment attorney can explain, there are statutes, also known as wrongful termination laws, that provide guidelines for determining whether an…[ Read More ]
If you are curious to know more about our nation’s anti-discrimination laws, San Jose discrimination attorneys can explain the history of these laws, and…[ Read More ]
As an employment attorney in San Jose can explain, your deposition is an important part of your employment case. Many people feel intimidated by…[ Read More ]
Is it Worth it to Incorporate My Business? The quick answer to this question is, “Yes it is.” You might be considering a regular…[ Read More ]
Seniors cannot always predict who will harm them. Their abusers may turn out to be the very people they counted on for protection. If…[ Read More ]
If you are involved in an employment dispute with your employer, you should retain a knowledgeable San Jose business litigation attorney to learn about…[ Read More ]
No doubt when you first meet with an attorney, you will be evaluating her to determine whether or not she is someone with whom…[ Read More ]
Employment discrimination cases cover a wide range of characteristics, having to do with age, sex, race, and ethnicity, among others. However, proving discrimination can be difficult…[ Read More ]
Our Newest Employment Attorney in San Jose Announcing: We are so proud to announce our law clerk, Iulia Toplean, passed the July Bar…[ Read More ]
Announcing: 2nd Annual From Having it All to Leaning In Come join a distinguished group of women lawyers, from small to large firms, in-house…[ Read More ]
I’m extremely happy to announce the two attorneys who have joined my firm: Tim Kooy and Gabrielle Korte. Tim will be handling complex business…[ Read More ]
It saddens me to announce the early retirement of Patricia McKenzie. Pat has been my right hand for the last few years in addition…[ Read More ]
I’m happy to announce that Iustina Mignea has joined the firm as an Associate Attorney. Iustina is a graduate of Santa Clara University School…[ Read More ]
2013 has proved to be a wonderful year so far. I've moved into new spacious offices, even closer to court! My practice is flourishing.…[ Read More ]
I have to say that my experience with The Costanzo Law firm has been stellar. From the very beginning the attorneys there were attentive… [ Read More ]
I would highly recommend Lori Costanzo. Lori took on our discrimination/wage/wrongful termination case after our other attorney passed away. She and her team dove… [ Read More ]
Lori is the consummate professional. She is dedicated to her craft and to producing the best outcome possible for her clients. I would not… [ Read More ]
Lori is a fantastic attorney and results orientated. She is tenatious and understands the law. Lori always returns her phone calls and keeps on… [ Read More ]
I endorse this lawyer. Ms. Costanzo gives clear precise advice to AVVO readers, the exact steps and procedures that they must utilize to address… [ Read More ]
I endorse this lawyer. Lori is a fabulous attorney. She is smart, dedicated, efficient and hard working. Lori knows when it's best to mediate… [ Read More ]
Ms. Costanzo is a zealous advocate, and her skill and experience serve her clients well. She is a professional in every sense of the… [ Read More ]
I am a civil litigation attorney who has worked with Lori Costanzo on several occasions. Lori is not only a highly competent lawyer, but… [ Read More ]