Maria Esmeralda Vizzusi, Esq. Email & Phone Number

Gilroy, Ca, Us

Gilroy, Ca, Us

I advice and represent employees going through work grievances. I assist with investigation of claims, obtaining your H.R. records, and preserving evidence. I assess your rights, and provide counsel on how to proceed. I handle pre-litigation negotiations with your prior or current employer. I draft complaints, file claims in superior court or through arbitration forums. I guide you through the discovery process, help you gather critical evidence. I advocate for you during mediations or settlement conferences. I help you recover wages, or costs associated with losing your job. I focus on employment law rights including but not limited to: wage and hour (failure to pay overtime, failure to pay bonuses, failure to provide rest breaks, etc.); and civil rights claims such as pregnancy disability leave, discrimination, harassment, retaliation and wrongful termination of protected categories.

I have served as lead plaintiff’s counsel in single plaintiff lawsuits involving claims of employment discrimination, retaliation, harassment, and wrongful discharge. My experience is in claims filed under the federal Americans with Disabilities Act (ADA), and California laws including Pregnancy Disability Leave (PDL), Equal Pay Act (EPA), Fair Employment and Housing Act (FEHA), Labor Code and Unfair Competition Law (UCL). Together with principal Santos Gomez, I represent low-wage employees working in the agricultural, dairy, trucking, nursing, janitorial, etc. industries in complex wage-hour class actions actions throughout California, including the Counties of Monterey, Santa Cruz, Santa Clara, San Benito, Alameda, Sacramento, Fresno, Kern, Ventura, Tulare and Los Angeles. I'm admitted to practice in the Northern, Eastern and Central federal districts of California.

Modesto, Ca, Us

As the directing litigation attorney, my most notable success was that I first chaired and obtained successful verdicts in a 2.5 week-long trial involving multiple plaintiffs raising complaints of quid pro quo sexual harassment, hostile work environment, gender discrimination, and retaliation causes. At the liability phase of the trial the jury unanimously ruled in favor of Plaintiff 1 on all four out of four causes of action, and ruled in favor of Plaintiff 2 on three of four causes of action, resulting in an award for damages of Five Hundred and Fifty Thousand Dollars ($550,000), and further awarded punitive damages to both Plaintiffs. Before proceeding to phase two of trial, the parties reached a non-confidential settlement agreement for a total of One Million Dollars ($1,000,000) to include punitive damages, and attorneys fees and costs for CRLA. Defendant also agreed to implement additional training to farm-workers to further prevent sexual harassment of women working in a predominantly male workforce. I presented at the California Employment Lawyer's Association in September 2016, and participated at the November 2016 Farmworker Justice Conference. I litigated collective Private Attorney General Act (PAGA) collective actions on behalf of farmworkers. I represented single plaintiffs in administrative hearings before the California Office of the Labor Commissioner. Provided counsel and advise to employees navigating disputes with employers regarding sick leave, AB 1513 rest periods, and CalOSHA violations regarding heat stress and workplace safety. I assisted victims of workplace violence obtain U-visas, and coordinated restitution of damages through the Victims Assistance branch of the District Attorney's Office. I supervised staff attorneys, community workers and support staff. I conceptualized annual work plans, implemented Legal Services Corporation guidelines and restrictions, facilitated weekly case review, and oversaw outreach.

Modesto, Ca, Us

Provide direct legal services to low-income individuals in the areas of housing, employment, public benefits, education, and immigration. Execute pre-trial litigation, including: demand letters, settlement negotiations, law and motions, discovery, mediations, depositions and witness preparation. Defend tenants in unlawful detainer trials, and in Public Housing Authority termination hearings. Represent employees in DLSE wage-and-hour hearing. Draft, collate and file adjustment of status petitions and U-visa petitions for victims of serious crimes. Facilitate landlord-tenant workshops for in pro per litigants. Conduct community outreach and client interviews.

Orinda, Ca, Us

Assisted in a six-week trial against AT&T for breach of contract by evaluating subpoenaed documents, maintaining updated database of motion in limine exhibits and generating courtroom presentations for trial. Provided administrative and analyst support to one of the partners during depositions against Kinder Morgan and East Bay Municipal Utility District for the Walnut Creek gas pipeline explosion resulting in various deaths. Managed and oversaw all aspects of client-communications for three major district class action cases against a major pharmaceutical company. Assembled and analyzed initial claims packets, settlement offers, and settlement agreements. Analyzed, determined and distributed 100+ settlement claims totaling over $8,000,000. Assisted schizophrenic clients in setting up Special Needs Trusts to prevent homelessness and preserve long-term care.

Doctor Of Law (J.D.), Law

Bachelor Of Arts (B.A.), Rhetoric And Legal Studies