Irvine Employment Lawyers Representing Firefighters

What types of employment claims do you handle in Irvine?

Our team has 35 years of experience holding fire departments and other employers accountable for violating the rights of employees, contractors, and volunteers. We represent firefighters, executives, and all fire department employees. Our Irvine employment lawyers are ready to help you now if you have any of the following employment claims:

• A discrimination or harassment claim if you are a member of a protected class and your employer adversely affects your employment or makes working intolerable due to your protected class characteristics
• A retaliation claim if your employer punishes you when you assert your legal rights or support another worker’s legal rights
• A wage and hour claim for the compensation you deserve
• An executive compensation claim for the salary, health insurance, pension and other retirement benefits, severance pay, and other workplace benefits you deserve
• A qui tam/whistleblower claim for disclosing the fraudulent activity of your employer
• A wrongful termination claim if your employer fires you in violation of California law, federal law, or any written employment contracts

When can employers in Irvine be held liable for discrimination?

Firefighters and their support staff who work for the Orange County Fire Authority can file a discrimination claim if:

• They belong to a protected class; and
• The Orange County Fire Authority adversely affects their employment.

Our Irvine fire employment lawyers understand the state and federal laws that define protected classes and provide the basis for filing a discrimination claim.

Protected class

The California Fair Housing and Employment Act and many federal laws that we list below define protected classes as people that employers judge based on any of the following personal characteristics:

• Race or color
• Ancestry or origin
• Sex, sexual orientation, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender identity, gender expression
• Genetic information or medical condition
• A physical or mental disability
• Marital status
• Religion, creed
• Military or veteran status

Adverse employment conditions

Employers in Irvine can adversely affect your job in any of the following ways:

• Terminating your employment
• Denying you a promotion or a raise you deserve
• Suspending you
• Paying you less than you deserve
• Failing to provide reasonable workplace accommodations if you have a disability or who are pregnant
• Harassing you or failing to prevent harassment by others
• Failing to consider your job application
• Failing to provide the education and experience you need to be a good firefighter

When can employers in Irvine be held liable for harassment?

The Equal Employment Opportunity Commission (EEOC) and the California Fair Housing and Employment Act (CFEHA) prohibit workplace harassment of employees, independent contractors, volunteers, and other firefighter workers. You can file a harassment claim even if someone else is the target of the harassment if the harassment is offensive.

Our Irvine employment lawyers hold fire departments liable if they reasonably should know harassment is taking place and fail to stop the harassment. You can also file a claim if the Orange County Fire Authority fails to create and implement harassment education policies and procedures.

Firefighters rely on each other. Firefighting becomes dangerous when one firefighter cannot trust another firefighter. Harassment becomes illegal if you belong to a protected class and your employer harasses you in one of the following ways:

Hostile workplace harassment

If you are a member of a protected class and the Orange County Fire Authority engages in or tolerates harassment that makes doing your job difficult or makes coming to work intolerable, then you have the right to file a hostile workplace harassment claim. Examples of an intolerable workplace include offensive or intimidating messages, communications, images, videos, jokes, and job postings – and physical contact that is not welcome, such as impeding your movements.

Examples of sexual harassment that create a hostile workplace environment include comments and conversations that are sexually offensive, leering, sexual images, sexual advances, and nonconsensual sexual consent.

Quid pro quo harassment

Quid pro quo (this for that) harassment occurs when someone who controls your job or job conditions bases your employment on sexual advances or sexual favors.

When can employers in Irvine be held accountable for retaliation?

Our Irvine employment lawyers who fight for firefighters can file a retaliation claim if your employer disciplines or punishes you for asserting your rights or helping another worker assert their rights.

Your rights include the right to:

• File a discrimination or harassment claim.
• File a qui tam/whistleblower claim.
• Request workers’ compensation benefits. Many firefighters regularly risk injuries and illnesses due to the dangers of fighting fires, inhaling smoke, and working with toxins.
• Request family medical leave.
• Request reasonable workplace accommodations due to a disability or if you are pregnant.

What laws protect firefighters in Irvine?

At McNicholas & McNicholas, LLP, our employment laws use the following laws to support your employment claim, including:

California employment laws:

• The California Fair Employment and Housing Act(FEHA)
• The California False Claims Act
• The California Family Rights Act

Federal employment laws:

• Title VII of the Civil Rights Act of 1964
• The Age Discrimination in Employment Act(ADEA)
• The Americans with Disabilities Act(ADA) and the Rehabilitation Act of 1973
• The Equal Pay Act of 1963
• The Family Medical Leave Act or the California Family Rights Act
• The Federal False Claims Act
• The Pregnancy Discrimination Actand the Pregnant Workers Fairness Act
• The Trauma Treatment Act
• The Uniformed Services Employment and Reemployment Rights Act

We also use your collective bargaining agreements and written employment contracts to justify your claim.

Our Irvine firefighter employment lawyers file claims, depending on the type of employment claim, before the following agencies and courts:

• The Equal Employment Opportunity Commission (EEOC)
• The California Civil Rights Department (CCRD)
• The Superior Court of Orange County
• The S. District Court for the Central District of California

What damages can firefighters receive when fire departments violate their rights in California?

Firefighters are critical to the safety and prosperity of Irvine. As wildfires become more dangerous, competent firefighters are becoming even more critical. At McNicholas & McNicholas, LLP, we fight to ensure your right to be judged on your abilities and your right to full compensation for the work you do. Our Irvine employment lawyers demand the following compensation (past and future) for firefighters, depending on your type of claim:

• Wages, overtime, and bonuses
• Salary
• Executive compensation benefits
• Insurance coverage
• Loss of seniority
• Retirement benefits
• Severance pay
• Emotional suffering and damage to your professional reputation
• Statutory damages
• Legal fees, court costs, and interest
• Punitive damages for wanton and malicious conduct
• Injunctive relief that orders your employer to reinstate you and provide other employment remedies