Monterey Employment Lawyers Representing Firefighters

What types of employment claims do you handle in Monterey?

At McNicholas & McNicholas, our family of lawyers including John, Patrick, and Matthew McNicholas, have 35 years of experience fighting for the rights of employees across California. We represent employees, contractors, and volunteers. Our lawyers represent firefighters, executives, and support personnel. Call our Monterey employment lawyers if you have any of the following types of claims.

• A discrimination claim because your employer adversely affects your employment because of your identity characteristics
• A harassment claim because your employer makes your workplace intolerable because of your identity characteristics
• A retaliation claim because you assert your legal rights or support the legal rights of a coworker
• A wage and hour claim for your pay, overtime, and any other forms of compensation
• An executive compensation claim for pay, insurance, retirement, severance pay, and other benefits
• A qui tam/whistleblower claim for disclosing your employer’s fraudulent activity
• A wrongful termination claim because your employer violates federal law, California law, or your contracts

When can I file a discrimination claim in Monterey?

Firefighters and other workers who work for the City of Monterey Fire Department can file a discrimination claim if:

• They are a member of a protected class; and
• The City of Monterey Fire Department adversely affects their employment.

Our Monterey fire employment lawyers work to show you meet these two requirements:

Protected class

The California Fair Housing and Employment Act and various federal laws (we list these below) define protected classes as people who are judged based on any of the following identity characteristics:

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

Adverse employment conditions

Your employer adversely affects your employment if they alter your employment in any of the following ways:

• Terminates your employment
• Denies you a promotion you deserve
• Suspends you
• Reduces or docks your pay
• Fails to provide reasonable workplace accommodations for workers who have a disability or who are pregnant
• Harasses you or tolerates harassment by others
• Does not consider your job application
• Fails to provide the education and opportunities you need to be a good firefighter

When can I file a harassment claim in Monterey?

Firefighting is a group activity. Every firefighter relies on all the other firefighters and the city of Monterey. For this reason, harassment of another worker can be very dangerous.

The California Fair Housing and Employment Act (CFEHA) and the Equal Employment Opportunity Commission (EEOC) prohibit workplace harassment of employees, independent contractors, volunteers, and others who work for the fire department.

Our Monterey employment lawyers hold fire departments accountable if they should reasonably know harassment (by any supervisor, employee, or anyone with access to the fire department) is taking place – and they fail to make efforts to stop the harassment. You can file a harassment claim if someone else is the target of the harassment. Your employer may also be liable for harassment if they fail to create and implement harassment education policies and procedures.

The two types of harassment our Monterey firefighter employment attorneys handle are:

Hostile workplace harassment

Firefighters and their support staff can file a hostile workplace harassment claim if they are a member of a protected class and their employer engages in or permits harassment that offends or intimidates a worker; or makes it difficult for a worker to perform their job duties. Examples include offensive communications, messages, postings, jokes, images, and videos. Hostile workplace harassment also includes unwelcome physical contact such as impeding the movement of a worker.

Sexual harassment that justifies a hostile workplace harassment claim includes sexually offensive comments and gestures, leering, sexual graphics, sexual advances, and nonconsensual sexual consent.

You can file a workplace harassment claim in Monterey even if someone else is the focus of the harassment if it reasonably offends you.

Quid pro quo harassment

This type of sexual harassment occurs when an employer or someone who can adversely affect your job opportunities bases your employment on sexual favors or sexual advances.

Can I file an employment claim if my fire department retaliates?

At McNicholas & McNicholas, LLP, we file lawsuits against fire departments when they punish or discipline workers who assert their own legal rights or support the legal rights of other workers. Your legal rights include the right to:

• Files a discrimination or harassment claim
• Request workers’ compensation benefits — many firefighters suffer injuries or illness due to the dangers of their job
• File a whistleblower/qui tam claim for disclosing fraud
• Request family medical leave
• Request reasonable workplace accommodations if you have a disability or if you are pregnant

What laws protect firefighters in Monterey?

At McNicholas & McNicholas, LLP, we assert all the laws and employment contracts that 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

Contracts:

• Collective bargaining agreements
• Executive employment contracts
• Any other written employment contract

We file your 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 Monterey County in California
• The S. District Court for the Northern District of California

How much can firefighters receive when fire departments violate their rights in California?

You deserve to be paid for your hard work. You deserve to be made whole when employers violate your rights. At McNicholas & McNicholas, LLP, we demand compensation for all your past losses and future damages, including the following:

• Wages, overtime, salary, and bonuses
• Insurance coverage
• Loss of seniority
• Retirement benefits
• Severance pay
• Damage to your professional reputation
• Emotional suffering
• Statutory damages
• Legal fees, court costs, and interest
• Punitive damages for unconscionable conduct

Court orders that direct your employer to reinstate you, promote you, and provide other remedies that cannot be compensated by a financial award