Irvine Employment Lawyers Representing First Responders

What types of employment claims do you handle in Irvine?

Our Irvine employment lawyers represent first responders when employers violate their civil rights (judge employees on their identity characteristics and not their abilities) and fail to comply with the applicable employment laws, written employment contracts, and collective bargaining agreements.

We handle the following employment claims for first responders:

• Discrimination and harassment claims. These claims involve making employment decisions and creating an intolerable work environment based on your race, sex, national origin, or other identity characteristics that are “protected” by California or federal law. We discuss these types of claims in more detail below.
• Retaliation claims. At McNicholas & McNicholas, we file lawsuits against employers who respond to your assertion of your legal rights by punishing you, such as terminating your employment or giving you undesirable assignments. We discuss these types of claims in more detail below.
• Executive compensation claims. Our lawyers represent fire chiefs, police chiefs, and other executives who have written employment contracts. We hold employers of first responders to their duty to meet the terms of these contracts, including paying salaries, providing health insurance, providing pension and other retirement benefits, giving executives severance pay, and other benefits set forth in the employment contracts.
• Wage and hour claims. Our Irvine employment lawyers hold employers of first responders to their obligation to pay your financial compensation in compliance with the Federal Labor Standards Act, the Equal Pay Act, California and Orange County pay laws, and any collective bargaining agreements.
• Wrongful termination lawsuits. We file wrongful termination claims when the employers of first responders fire a worker in violation of federal and state discrimination, harassment, and retaliation laws, as well as the terms of your employment agreements.
• Whistleblower claims. When employers commit fraud, such as creating ticket quota schemes, first responders have the right to disclose this fraudulent conduct to the government. Our Irvine employment lawyers file qui tam claims (claims for a percentage of any recovery by the government due to fraud) and retaliation claims if your employer punishes or intimidates you because you disclose their fraud.

When can I file a discrimination claim in Irvine?

First responders (employees, independent contractors, and volunteers) can file a discrimination claim if they belong to a protected class and their employer adversely affects their job due to their membership in a protected class.

Protected class status

Some of the many laws that define protected classes include Title VII of the US Civil Rights Act of 1964 and the California Fair Housing and Employment Act. You may be a member of a protected class based on any of the following identity characteristics:

• National origin or ancestry
• Race or color
• Sex, sexual orientation, gender, gender identity, and gender expression
• Disability
• Age (40 or older)
• Religion or creed
• Pregnancy
• A medical condition or genetic information
• Marital status
• Military or veteran status

Adverse employment conditions

Irvine employers such as the City of Irvine Police Department, the Orange County Sheriff’s Office, and the Orange County Fire Authority, adversely affect your employment if they.

• Fire, demote, or suspend you
• Deny you a promotion or a raise that you deserve
• Fail to review your job application
• Refuse to educate or train you
• Give other workers who are not a member of your protected class more desirable job duties and assignments
• Fail to provide disabled and pregnant workers the reasonable workplace accommodations they need
• Adversely affects your job in another way

When can I file a harassment claim in Irvine?

At McNicholas & McNicholas, we file harassment claims if your employer participates in or should know of workplace harassment and fails to take steps to prevent the harassment.

First responders, whether they’re police officers, firefighters, or other types of first responders, need to trust and rely on each other throughout every phase of their work. That’s why employers need to stop harassment immediately.

Our Irvine first responder employment lawyers hold employers (of employees, contractors, and volunteers) to their duty to comply with the California Fair Housing and Employment Act (CFEHA) and federal harassment laws. Federal and state harassment laws generally protect first responders who belong to a protected class and are subject to one of the following types of harassment:

• Hostile workplace environment harassment. Your employer cannot create a work environment where you are subject to offensive conduct, intimidation, or abuse or that prevents you from doing your work. Your workplace may be hostile if you are subject to offensive verbal communications, jokes, images, videos, and messages or if you are subject to unwelcome physical contact. Sexual harassment can create a hostile workplace environment if you are subject to sexual advances, sexual photographs and images, leering, and/or sexual advances.
• Quid pro quo harassment. We file quid pro quo harassment claims if anyone who controls your work conditions or your job conditions your employment on sexual advances or sexual favors.

When can I file a retaliation claim in Irvine?

Our Irvine employment lawyers for first responders file complaints if your employer tries to (or does) punish you for asserting any of your legal rights, such as the right to:

• File a discrimination, harassment, or retaliation claim.
• File a workers’ compensation claim.
• File a whistleblower/qui tam claim.
• Request eligible family medical leave.
• Request enforcement of your employment contract.
• Ask for reasonable accommodations if you have a disability or are pregnant.
• Support another worker’s legal rights.

Which employees, contractors, and volunteers qualify as “first responders?”

We represent all types of first responders, including the following:

• Police officers, sheriff’s deputies, SWAT officers, bomb squad members, and other law enforcement officers
• Firefighters
• Correction officers
• Drug officials
• Court officials
• EMTs, paramedics, and medevac operators
• Public works employees
• Park rangers
• School resource officers
• Emergency telecommunications workers

What laws and contracts protect first responders in Irvine?

Our Irvine employment lawyers use every law that provides your rights and remedies including the following laws:

California laws:

• California’s Fair Employment and Housing Act(CFEHA)
• California Family Rights Act
• California False Claims Act

Federal laws:

• Title VII of the Civil Rights Act of 1964
• The Americans with Disabilities Act(ADA) and the Rehabilitation Act of 1973
• The Age Discrimination in Employment Act(ADEA)
• The Family and Medical Leave Act
• The Equal Pay Act, which requires that women and men receive equal pay for equal work
• The Pregnancy Discrimination Actand the Pregnant Workers Fairness Act
• The Federal False Claims Act
• The Trauma Treatment Act
• The Uniformed Services Employment and Reemployment Rights Act

We also assert your rights based on your collective agreement or an executive compensation agreement.

How do you fight for first responders when employers violate their rights?

At McNicholas & McNicholas, LLP, we file employment complaints and lawsuits with the following agencies and courts:

Agencies:

• The Equal Employment Opportunity Commission (EEOC)
• The California Civil Rights Department (CCRD)

Courts:

• The Superior Court of Orange County
• The US District Court for the Central District of California

How do you assert my rights when Irvine employers violate those rights?

Our record of success at McNicholas & McNicholas, LLP is due to our thorough preparation of each phase of your claim, our ability to communicate with and prepare our clients for each phase, and our persuasive advocacy skills. We also anticipate and effectively counter the arguments employers often assert.

Our Irvine employment lawyers fight for first responders by reviewing your employment history with your employer and discussing all your concerns. We can explain your rights, question everyone involved, including your employer and supervisors, work with vocational and other experts, and demand access to all relevant documents in the possession of your employer. Our team can itemize all your damages and negotiate settlements with your employer.

Our attorneys help agencies investigate discrimination and harassment claims. We are always ready to try your case before a judge and jury. We’ve tried hundreds of cases to jury verdicts.

What damages can courts award for my California employment claim?

At McNicholas & McNicholas, LLP, we seek to place you in the same position as if your employer had not violated your rights. Depending on the type of claim you have, we seek the following damages (back damages and future damages):

• Financial damages. These include the loss of wages, overtime, salary, and other benefits. Financial damages also include the loss of executive compensation benefits, insurance coverage, seniority, and accrued vacation and leave.
• Personal damages. Your emotional trauma and damage to your reputation.
• Additional damages. Legal fees, statutory damages, and punitive damages for unconscionable conduct.
• Injunctive relief. These are orders directing your employer to reinstate your job, review your application, or request for promotion on the merits, reasonable workplace accommodations, and other remedies.

Do you have an Irvine first responder employment lawyer near me?

McNicholas & McNicholas, LLP meets with first responders at our office, located at 10866 Wilshire Blvd., Suite 1400, Los Angeles, 90024. We also speak with first responders remotely by phone and through online conference calls. First responders protect Irvine. Our Irvine employment lawyers work to protect you.

Contact our Irvine first responder lawyers today

At McNicholas & McNicholas, LLP, we are respected by many former clients and the legal community for our impressive record of success fighting for first responders when their employers violate their rights. We are ready to fight for your job, your dignity, and full compensation for your losses. Call us or fill out our contact form today to schedule a consultation. We are ready to help you now.