Monterey Employment Lawyers Representing Police Officers

What is a discrimination claim?

At McNicholas & McNicholas, LLP, our family of lawyers is ready to file a discrimination claim against the City of Monterey Police Department or the Monterey County Sheriff's Office if they adversely affect your employment if you are a member of a protected class.

• A protected class. The California Fair Employment and Housing Act and federal discrimination laws protect workers who are judged on any of the following characteristics instead of their work skills:
  • Race, national origin, color, or ancestry
  • Sex, gender, sexual orientation; gender identity, and gender expression
  • Physical or mental disability
  • Religion or creed
  • Age (if you are 40 or older)
  • Veteran status or military status
  • Genetic information or medical condition
  • Pregnancy
  • Marital status
• Adverse employment. A police department or sheriff’s office adversely affects your employment if they do any of the following:
  • Terminate your employment
  • Refuse to consider your job application
  • Deny you a promotion, pay raise, or opportunities for advancement
  • Reduce your pay
  • Suspend you
  • Fail to provide reasonable workplace accommodations if you have a disability or are pregnant

Our Monterey employment lawyers will explain if you qualify to file a discrimination lawsuit.

When can law enforcement officers file a harassment claim in Monterey?

Harassment of a member of a protected class is a form of discrimination. Law enforcement workers can file a harassment claim if their employer should reasonably know that harassment is taking place (by a supervisor, coworker, or anyone with access to the workplace) and the employer fails to take preventive measures.

At McNicholas & McNicholas, LLP, we file harassment claims if either of the following types of harassment occurs:

Hostile work environment harassment

A police department or sheriff’s office cannot create a workplace environment where their workers have to work with offensive, intimidating, or abusive conduct. Examples include offensive jokes, emails, conversations, and images, as well as unwelcome physical conduct or restrictions. Many of the victims of harassment that we represent are based on a worker’s race, sex, disability, or age.

Police officers, sheriff’s deputies, and other law enforcement workers, such as bomb squad members, and K-9 workers, can file a harassment claim if they are reasonably offended by the harassment of another worker.

Quid pro quo harassment

This harassment is a type of sexual harassment. Quid pro quo harassment occurs when your employment (or anyone who controls your employment conditions) conditions your employment or employment conditions on sexual advances or sexual favors.

In one illustrative harassment and discrimination case, our Monterey police employment lawyers secured $950,000 for a Los Angeles police officer when her request for medical leave resulted in harassment and discrimination.

What rights do I have if a police department or sheriff’s office retaliates in Monterey?

You have the right to assert your legal rights. At McNicholas & McNicholas, LLP, we file retaliation lawsuits when police departments and sheriff’s offices try to discipline you, intimidate you, or punish you because you assert your rights. We file retaliation claims based on specific California laws, federal laws, and court decisions when you assert your employment rights, including:

• Filing a discrimination or harassment claim.
• Seeking workers’ compensation benefits.
• Requesting medical leave.
• Filing a whistleblower claim.
• Asserting any other legal right.
• Support the employment claim of another worker.

Our Monterey law enforcement employment lawyers have obtained numerous recoveries for more than $1 million and hundreds of thousands for police officers and other law enforcement workers when their employers retaliate.

What types of claims do your Monterey employment lawyers handle?

You work hard to obtain the job skills you need to work in law enforcement. You work hard to do your job well and serve the Monterey community. Our employment lawyers work just as hard to protect you when employers fail to comply with the federal, California, and Monterey laws that protect you – and fail to comply with your collective bargaining agreements or written employment contracts.

At McNicholas & McNicholas, LLP, we represent employees, independent contractors, and volunteers when federal and state laws permit.

Our Monterey employment lawyers have 35 years of experience handling the following types of employment claims:

• Discrimination claims, harassment claims, and retaliation claims (we discuss these claims above)
• Wage and hour claims. Our lawyers hold police departments and sheriff’s offices to their duty to pay you for the work you do – at the proper rate – and at the proper time.
• Executive compensation claims. Our Monterey employment lawyers represent law enforcement chiefs, other executives, and workers with special skills who have written contracts. We demand that your employer pay your salary and other income incentives, pension and retirement benefits, insurance coverage, accrued vacation and leave severance pay, and all other forms of executive compensation.
• Termination claims. We file termination claims if your employer fires you due to discrimination, harassment, retaliation, or other legal protections. Our Monterey employment lawyers also file termination claims if your employer terminates your employment in violation of collective bargaining agreements and written employment contracts. Where the laws/contract permit, we seek to order your reinstatement. We seek full compensation for your back and future financial damages.
• Whistleblower/qui tam claims. At McNicholas & McNicholas, LLP, we file qui tam claims, which provide compensation to the person who discloses governmental fraud. We also file retaliation claims when employers retaliate because a worker discloses their fraudulent conduct.
• Family medical leave claims. The federal and California medical leave acts grant eligible workers the right to leave to care for family members who are ill or new family members such as newborns and adoptees. Our Monterey employment lawyers file retaliation claims if your police department or sheriff’s office adversely affects your employment because you ask for family medical leave.

What California and federal laws protect law enforcement workers?

Our lawyers understand the full range of laws that protect police officers, sheriff’s deputies, bomb squad officers, SWAT officers, and any other law enforcement officers or staff members when employers violate their employment rights. These laws include the following:

California law:

• California’s Fair Employment and Housing Act(FEHA)
• The California False Claims Act
• The California Family Rights 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 Equal Pay Act of 1963
• The federal False Claims Act
• The Family Medical Leave Act

How do your Monterey employment lawyers advocate for law enforcement workers in Monterey?

McNicholas & McNicholas has obtained more than $150 Million in settlements and verdicts for police officers and other first responders. 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 Monterey County in California
• The S. District Court for the Northern District of California

Our Monterey police employment lawyers will:

• Explain your rights.
• Work with investigators and, through the discovery process, question everyone who has knowledge of your job performance and your claim, starting with your employer, supervisors, and coworkers.
• Review your collective bargaining agreements and employment contracts.
• Assert the relevant laws that protect you.
• Examine all relevant employment documents and records.
• Review your claim with industry professionals, vocational experts, experts in discrimination statistics, and financial experts.
• Anticipate the arguments your employers will likely assert.
• Negotiate with your employer and your employer’s attorneys.
• Persuasively present your case before the appropriate agencies and juries.

What damages and remedies can be awarded for employment claims in California?

Our employment lawyers demand compensation for all your past/back and future/front damages, depending on the type of employment claim, including the following:

• Financial losses. These include wages, overtime, salary, bonuses, and other income
• Loss of seniority
• Loss of insurance coverage
• Executive compensation
• Emotional distress and damage to your reputation
• Any other workplace benefits
• Statutory damages
• Legal fees
• Punitive damages, if the employer’s conduct is wanton or malicious

We also seek court orders directing your employer to reinstate you, promote you, provide reasonable accommodations if you have a disability or are pregnant, and provide other remedies.