Quick questions
- What types of employment claims do you file for San Francisco firefighters?
- Am I eligible to file a discrimination claim in San Francisco?
- Am I eligible to file a harassment claim in San Francisco?
- Am I eligible to file a retaliation claim in San Francisco?
- What employment laws protect San Francisco firefighters?
- What damages can I receive when a fire department violates my employee rights?
- Do you have a San Francisco firefighter employment lawyer near me?
What types of employment claims do you file for San Francisco firefighters?
Our San Francisco employment lawyers have the experience and resources (nearly 20 attorneys and working relationships with discrimination, financial, and firefighting experts) to help you. Our family of attorneys files the following types of employment claims for firefighters and their support staff:
- Discrimination and harassment claims. Our lawyers hold fire departments accountable when they adversely affect your employment status based on your membership in a protected class, create a hostile work environment, or condition your job on sexual favors.
- Retaliation claims. We hold fire departments accountable if they try to punish or intimidate you because you asserted your legal rights.
- Wage and hour claims. You work hard at your job. You risk your life. You deserve to be paid ALL that you've earned promptly after you complete your work.
- Executive compensation claims. At McNicholas & McNicholas, LLP, we hold fire departments to their contractual obligations. These obligations include paying your salary, workplace benefits (such as health insurance coverage), retirement benefits, earned vacation time, severance pay, and all other compensation stated in your executive compensation contract.
- Qui tam/whistleblower claims and family leave claims. We represent firefighters and staff members who disclose fraud or request family leave, especially when fire departments fire you or punish you because of your disclosures or legitimate requests.
- Wrongful termination claims. We seek job reinstatement and the payment of all your financial damages when employers fire you in violation of California laws, federal laws, or your employment contracts.
- Other employment claims.
Am I eligible to file a discrimination claim in San Francisco?
The San Francisco Fire Department must comply with federal and state laws that protect employees from discrimination. Our employment lawyers work to show that you meet the two core eligibility requirements - membership in a protected class and being treated in a negative/adverse way because of your protected class status.
Generally, employees, independent contractors, and, in some cases, volunteers can all file discrimination claims. We can explain if you qualify.
Protected class
Many federal discrimination laws and the California Fair Employment and Housing Act protect workers based on their identity characteristics, including the following characteristics:
- Race, color, ancestry, or country of origin;
- Sex, sexual orientation, gender, gender identity, or gender expression;
- Age - 40 years of age or older;
- A medical or genetic condition;
- A disability;
- Religion;
- Marital status;
- Pregnancy; and
- Veteran/military status.
Adverse employment conditions
The San Francisco Fire Department can negatively affect your employment in the following ways, among others:
- Firing you;
- Suspending your employment:
- Not considering or granting a deserved promotion;
- Reducing your pay;
- Failing to provide reasonable workplace accommodations if you have a disability or you're pregnant;
- Harassing you or failing to stop harassment by others;
- Not considering your job application:
- Failing to provide career training and advancement opportunities (when others in similar jobs receive those opportunities).
Am I eligible to file a harassment claim in San Francisco?
The Equal Employment Opportunity Commission (EEOC) and the California Fair Employment and Housing Act protect workers from harassment. Fire departments cannot engage in harassment that creates a hostile work environment or involves sexual harassment. They cannot tolerate harassment by their supervisors, workers, or anyone with regular access to their facilities. Fire departments must also create and implement policies and procedures to prevent, monitor, and encourage the reporting of harassment - and take prompt disciplinary actions.
Harassment of firefighters is especially dangerous because firefighters work as a team - they need to trust each other.
Hostile workplace harassment
A hostile workplace environment occurs if you cannot competently do your job due to physical or emotional harassment. Physical and emotional harassment includes blocking your path; nonconsensual physical contact; and offensive conversations, social media posts, images, jokes, and other types of offensive behaviors.
Sexual workplace harassment
Sexual harassment includes nonconsensual sexual contact and offensive sexual images, jokes, conversations, and other offensive sexual behavior.
One specific type of sexual workplace harassment is called "quid pro quo harassment." This type of harassment occurs when someone at the fire department tries to control or affect your job conditions, your job status/work conditions on sexual favors, advances, or behavior.
Am I eligible to file a retaliation claim in San Francisco?
At McNicholas & McNicholas, LLP, we hold fire departments accountable if they pressure you or adversely affect your employment when you assert your legal rights. These rights include the right to:
- File a discrimination, harassment, or retaliation claim;
- Request family medical leave;
- File a claim for workers' compensation;
- Request reasonable workplace accommodations due to a disability or pregnancy;
- File a qui tam/whistleblower action;
- Demand your wage and hour benefits;
- Demand compliance with collective bargaining or executive compensation agreements;
- Assert any other legal right.
What employment laws protect San Francisco firefighters?
At McNicholas & McNicholas LLP, we assert every California and federal law that protects you.
These laws include:
California employment laws
- The California Fair Employment and Housing Act (FEHA);
- The California False Claims Act; and
- 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 Pregnancy Discrimination Act and the Pregnant Workers Fairness Act;
- The Federal False Claims Act;
- The Trauma Treatment Act; and
- The Uniformed Services Employment and Reemployment Rights Act.
We also demand compliance with collective bargaining agreements, executive compensation agreements, San Francisco County regulations, and the City of San Francisco regulations.
Our San Francisco employment lawyers represent firefighters and their support staff before the following agencies and courts:
- The Equal Employment Opportunity Commission (EEOC);
- The California Civil Rights Department (CCRD);
- The Superior Court of San Francisco; and
- The US District Court for the Northern District of California.
What damages can I receive when a fire department violates my employee rights?
At McNicholas & McNicholas, we fight to restore your job, your finances, and your ability to do your job free of harassment. We demand compensation for the following, depending on the type of claim you have:
- Lost wages, bonuses, overtime pay, and salary;
- Lost collective bargaining and executive contract compensation;
- Lost healthcare, seniority, and other benefits;
- Lost retirement benefits;
- Your emotional trauma;
- Any damage to your reputation;
- Statutory damages;
- Lawyer fees and court costs;
- Punitive damages for unconscionable conduct.
Our San Francisco employment lawyers also seek court orders directing that your fire department rehire you, promote you, consider your application, or comply with other requirements.
Do you have a San Francisco firefighter employment lawyer near me?
McNicholas & McNicholas, LLP meets with firefighters and support staff at our office located at 10866 Wilshire Blvd., Suite 1400, Los Angeles, 90024. We also speak with clients by phone and through online video platforms.
We've helped many first responders like you obtain strong verdicts and settlements.
Contact our San Francisco firefighter employment lawyers now
Firefighters put their lives at risk to help their communities as much as to earn a paycheck. At McNicholas & McNicholas, we fight for your dignity, your job, and your future. We hold employers to their duty to treat you with respect, provide the opportunities you deserve, and to compensate you fully.
Please call our San Francisco firefighter employment lawyers or fill out our contact form now to schedule a free consultation.
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I can’t express enough gratitude for the exceptional service we received from Attorney BrandonI recently had a wage question and I was contacted by Jeff Ponting who grossly exceeded my expectations regarding the information he provided me. Not only did he share his expertise, but took the time to confer...
Juan Victoria and the McNicholas team deserve more than 5 Stars. Words can't describe how grateful I am to have received help from McNicholas law firm. Juan is very SHARP, calm strategic thinker with a very approachable, down to earth manner. He is so dedicated, very hard working. I could not imagine...
Juan Victoria and the McNicholas team deserve more than 5 Stars. Words can't describe how grateful I am to have received help from McNicholas law firm. Juan is very SHARP, calm strategic thinker with a very approachable, down to earth manner. He is so dedicated, very hard working. I could not imagine...
List of Agencies We are Suing or Have Sued
- LAPD
- LA Co Sheriff
- Berkely PD
- Riverside PD
- Huntington Beach PD
- Redondo Beach PD
- Ukiah PD
- Willits PD
- City of Richmond (Non LEO/Employment)
- Palo Alto PD
- Santa Barbara County Sheriff
- Chula Vista PD
- San Joaquin County Sheriff
- Fremont PD
- Walnut Creek PD
- Shasta County Sheriff
- Contra Costa Sheriff (Non LEO/Employment)
- El Segundo PD
- San Diego PD
- El Monte PD
- Pomona PD
- LAWA
- Culver City PD (Non LEO)
- Berkeley Fire/CoB (Non LEO)
- LAFD
