What types of employment claims do you handle for first responders in Newport Beach?

Our Newport Beach employment lawyers have the experience, persuasive advocacy skills, and working relationships with financial experts, discrimination statisticians, and vocational experts in the types of work first responders do. Call us today if you have any of the following types of employment claims:

• Discrimination and harassment claims. We file racial, sexual, disability, and other types of discrimination and harassment claims across Orange County and California. We discuss these in more detail below.
• Retaliation claims. McNicholas & McNicholas, LLP files retaliation claims when your employer tries to discipline, intimidate, or punish you because you assert any type of employment claim or legal right for yourself or on behalf of other workers.
• Wrongful termination lawsuits. Our lawyers hold employers accountable when they fire you in violation of federal or California law, a written employment contract, or a collective bargaining agreement.
• Executive compensation disputes. We represent management employees and other executives who have written employment contracts. Our lawyers seek compliance with all the terms of your contract, including your salary and other forms of compensation, insurance coverage and other work benefits, pension and retirement benefits, stock options, and severance compensation.
• Wage and hour claims. We seek payment of your wages in compliance with the Federal Labor Standards Act, the Equal Pay Act, California and Orange County pay laws, collective bargaining agreements, and any other payment contracts.
• Whistleblower claims. At McNicholas & McNicholas, LLP, we file qui tam claims that compensate workers, including first responders, who disclose fraud and retaliation claims when employers punish workers who disclose fraud.

When can first responders file a discrimination claim in Newport Beach?

Our Newport Beach employment lawyers file discrimination claims on behalf of first responders if you meet the two key requirements – you are a member of a protected class, and your employer adversely affects your job due to your protected class status.

Protected class status

Title VII of the US Civil Rights Act of 1964, the California Fair Housing and Employment Act, and other laws define protected classes as people who have the following identity characteristics:

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

Adverse employment conditions

The Newport Beach Fire Department adversely affects your employment if they:

• Fire you
• Fail to promote you or give you a raise you deserve
• Fail to consider your job application
• Fail to give you the training, education, or assignments you need to do your job
• Transfer you to an undesirable location
• Give better job assignments to another worker who is not in a protected class, such as a younger worker
• Fail to provide reasonable workplace accommodations for those in need – such as workers with a disability or who are pregnant.

When can first responders file a harassment claim in Newport Beach?

First responders in every type of job deserve to be treated with respect. That is just not a matter of human decency. First responders work as a team. That means they work better when everyone works together.

At McNicholas & McNicholas, LLP, we file harassment claims on behalf of employees, independent contractors, volunteers, and other workers – in accordance with federal harassment laws and the California Fair Housing and Employment Act (CFEHA). These laws provide that employers are accountable if they should have knowledge of the harassment and fail to stop the harassment and take steps to prevent future harassment. The federal and state harassment laws generally apply to workers who are members of a protected class.

Our Newport Beach first responder employment lawyers file harassment claims that involve the following types of harassment:

• Hostile workplace environment harassment. This type of harassment occurs if harassment prevents you from doing your job or a reasonable person would find the harassment offensive, intolerable, abusive, or intimidating. Examples include offensive jokes, conversations, messages, emails, social media postings, photographs and other images; restricting your movement; and other verbal comments and physical conduct. Sexual harassment that creates a hostile workplace environment includes similar offensive communications and conduct that are sexual in nature, including leering, sexual gestures, and sexual advances.
• Quid pro quo harassment. This type of harassment occurs when someone who can determine your job status and job conditions bases your employment on sexual favors or sexual advances.

When can first responders file a retaliation claim in Newport Beach?

Police and fire departments, sheriff’s offices, and other employers of first responders can be held accountable if they try to intimidate or punish you because you assert your legal rights or help another worker with their employment claim. At McNicholas & McNicholas, we file retaliation claims when employers retaliate because you do any of the following:

• File a discrimination or harassment claim
• File a qui tam/whistleblower claim
• Request worker’s compensation benefits
• Request family medical leave (if you meet the eligibility requirements) to care for a newborn, adoptee, or someone in your family, such as a parent who needs medical care
• Testify for or cooperate with another worker’s employment claim

Many of our employment claims for first responders involve retaliation claims or a combination of discrimination, harassment, and retaliation claims.

Who are “first responders?”

At McNicholas & McNicholas, LLP, we represent all first responders, including the following:

 

• Law enforcement officers, including police officers and sheriff’s deputies, SWAT officers, and bomb squad members
• Correction officers
• Drug officials
• Firefighters
• Paramedics, EMTs, and medevac operators
• Park rangers
• Court officers
• Public works employees
• School resource officers
• Emergency telecommunications workers

What laws and contracts protect first responders in Newport Beach?

At McNicholas & McNicholas, LLP, we assert the following laws on behalf of Newport Beach first responders:

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 the provisions of your collective bargaining agreement, executive compensation agreement, or any other written contract.

How do you fight for the employee rights of first responders?

Our Newport Beach first responder employment lawyers represent clients in the following agencies and courts:

• The Equal Employment Opportunity Commission (EEOC)
• The California Civil Rights Department (CCRD)
• The Superior Court of Newport Beach
• The Southern Division of the Central District of California

At McNichols & McNicholas, LLP, we are your advocate through every stage of your case. Our advocacy work includes the following actions:

• Discussing your concerns
• Explaining your rights
• Investigating your claim
• Formally questioning your employers and anyone involved with or who has knowledge of your employment claim
• Filing your claim with the appropriate agencies and courts
• Assessing your damages
• Working with experts who can help substantiate your claim
• Negotiating with your employer, their defense lawyers, and insurance companies
• Working with the California or federal agencies that investigate your claim
• Arguing your case in court before judges and juries

Our employment lawyers have tried hundreds of cases to jury verdicts.

What is the value of my employment claim in California?

Our Newport Beach lawyers for first responders aggressively fight for all the financial compensation, workplace benefits, and personal damages you deserve. At McNicholas & McNicholas, LLP, we demand the following compensation for all your back (past) and front (future) damages, depending on the type of claim you have:

• Financial losses, including:
  • Loss of wages, overtime, salary, and other income
  • Loss of insurance coverage and other workplace benefits
  • Unaccrued vacation and leave
  • Executive compensation
• Your emotional trauma and damage to your reputation
• Legal fees and court costs
• Statutory damages
• Punitive damages if your employer’s conduct was malicious
• Employment remedies, including job reinstatement, fair consideration of your application, reasonable workplace accommodations, and a deserved promotion
• Court orders that require that your employer take affirmative steps to protect their workers from discrimination and harassment

Do you have a Newport Beach first responder employment lawyer near me?

McNicholas & McNicholas, LLP consults with first responders at our office, located at 10866 Wilshire Blvd., Suite 1400, Los Angeles, 90024. Our lawyers also consult with first responders remotely by phone and through online video applications such as Zoom and FaceTime.

First responders protect Newport Beach. Our lawyers fight to protect you.

Contact our Newport Beach first responder lawyers now

At McNicholas & McNicholas, LLP, our lawyers understand how upsetting it is when you are judged on your appearance and not your abilities. We understand how much every dollar and every workplace benefit matters. Call us or fill out our contact form today to schedule a consultation. We are ready to help you today.