Quick questions
- What types of first responder employment claims do you handle in Orange?
- What is a discrimination claim?
- What is a harassment claim?
- Can first responders file lawsuits when their employers retaliate in Orange?
- Who are “first responders?”
- What employment laws protect first responders in Orange?
- What steps do you take to assert my employee rights?
- What damages can first responders receive for discrimination and other employment violations in Orange?
- Do you have a first responder employment lawyer near me in Orange?
What types of first responder employment claims do you handle in Orange?
At McNicholas & McNicholas LLP, former first responders trust and respect us to handle the following types of employment clients. Our Orange employment lawyers are ready to help you today if you have any of these types of employment cases:
- Discrimination and harassment claims. We discuss these in more detail below.
- Retaliation claims for asserting your rights or helping another worker assert their rights. We discuss these in more detail below.
- Wrongful termination lawsuits if your employer discharges you in violation of federal or state law, a collective bargaining agreement, or a written employment agreement.
- Executive compensation disputes – which involve your right to salary and any other types of income such as bonuses, severance pay, health and other work benefits, stock options, retirement benefits, and other contractual benefits.
- Wage and hour claims.
- Whistleblower claims.
What is a discrimination claim?
At McNicholas & McNicholas LLP, our lawyers file employment discrimination claims if you belong to a protected class and your employer negatively affects your employment due to your protected class status.
Protected class status
You must belong to a protected class – as defined by Title VII of the US Civil Rights Act of 1964, the California Fair Housing and Employment Act, or other laws. The definitions of protected class status generally include the following:
- Race and national origin;
- Sex, Sexual orientation, gender, gender identity, and gender expression;
- Pregnancy;
- A physical or mental disability;
- Age – 40 or older;
- Religion or creed;
- A genetic condition;
- A medical condition;
- Marital status; and
- Military or veteran status.
Adverse employment conditions
The City of Orange Fire Department adversely affects your employment if they:
- Terminate your employment;
- Deny you a promotion or raise that you deserve;
- Refuse to review your job application;
- Give another worker, such as a younger worker, better job assignments;
- Fail to provide reasonable workplace accommodations if you have a disability or you are pregnant;
- Affect your employment in any other negative way;
What is a harassment claim?
Every first responder in Orange deserves to be treated with respect and dignity while they do their job. At McNicholas & McNicholas LLP, we file harassment claims when employers fail to take reasonable steps to prevent workplace harassment. Generally, employers of first responders can be liable for harassment (which is a form of discrimination) if they should have reasonably known of and failed to stop the harassment.
Federal harassment laws and the California Fair Housing and Employment Act (CFEHA) provide that every worker in California (employees, independent contractors, first responder job applicants, volunteers, and unpaid interns) can file harassment claims if the harassment is based on a protected class and one of the following types of harassment is involved:
- Hostile workplace environment harassment. First responders in the City of Orange can file a harassment claim if their workplace creates an offensive, abusive, or intimidating atmosphere due to offensive conduct. The offensive conduct can be verbal or physical. Examples include derogatory language, disrespectful jokes, offensive emails or messages, distasteful images, and impeding your movement. Offensive sexual harassment includes leering, innuendos, sexual photos and drawings, and other sexual conduct.
- Quid pro quo harassment. We file this type of sexual harassment claim if your employer conditions your job status and job conditions on sexual advances or sexual favors.
Can first responders file lawsuits when their employers retaliate in Orange?
Yes. If a police department, sheriff’s office, fire department, or any other employer in Orange tries to punish, discipline, or intimidate you because you assert your legal rights, McNicholas & McNicholas can file a retaliation claim against your employer. These legal rights include the right to:
- File a discrimination or harassment claim;
- File a worker’s compensation claim;
- File a qui tam/whistleblower claim;
- Request family medical leave (as long as you are eligible) to care for someone in your family (such as a baby, adoptee, or parent);
- Support or testify another worker’s rights; and
- Participate in an investigation of employee rights abuses.
Many successful lawsuits (settlements and verdicts for more than $1 million) for first responders involve a combination of discrimination, harassment, and retaliation claims.
Who are “first responders?”
At McNicholas & McNicholas, LLP, we represent every type of first responder, including:
- Bomb squad members;
- Certain telecommunication workers.
- Correction officers;
- Court officers;
- Drug officials;
- EMTs;
- Firefighters;
- Medevac operators;
- Paramedics;
- Park rangers;
- Police officers;
- Public works employees;
- School resource officers; and
- Sheriff’s deputies;
- SWAT members; and
- Emergency telecommunications workers.
What employment laws protect first responders in Orange, CA?
California laws:
- California’s Fair Employment and Housing Act (CFEHA)
- California Family Rights Act; and
- California False Claims Act.
Federal 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 Pregnancy Discrimination Act and the Pregnant Workers Fairness Act;
- The Federal False Claims Act;
- The Family and Medical Leave Act
- The Equal Pay Act (which requires that women and men receive equal pay for equal work);
- The Trauma Treatment Act;
- The Uniformed Services Employment and Reemployment Rights Act.
What steps do you take to assert my employee rights?
We represent Orange first responders in the following agencies and courts, which include:
- The Equal Employment Opportunity Commission (EEOC).
- The California Civil Rights Department (CCRD).
- The Superior Court of Orange County
- The Southern Division of the Central District of California.
At McNichols & McNicholas, LLP, we’re ready to fight for you from the initial conference through the resolution of your claim. We begin by reviewing which laws protect you and what terms of any written employment contracts you have to protect you. We understand how much your employer will try to deny responsibility. Our Orange employers will formally question your employers, managers, and everyone who has knowledge about your claim – in writing and in person.
We can also fight to obtain all relevant workplace information, including your work evaluations and all important documents. Our lawyers work with discrimination statisticians, financial experts, and professional first responders who understand your job.
We can assert all your legal rights with the proper agencies and courts. Our lawyers are skilled at negotiating with your employers and the attorneys. We’ve tried hundreds of cases.
What damages can first responders receive for discrimination and other employment violations in Orange?
At McNicholas & McNicholas, we demand that the employers of first responders compensate you for all your financial and personal damages. We fight to get you the compensation you deserve for all your past and future damages, depending on your employment claim, including:
- Loss of income, including wages, overtime, salary, bonuses, and other sources of income;
- Loss of insurance benefits and other work benefits;
- Unaccrued vacation and leave;
- Executive compensation;
- Your emotional trauma and damage to your reputation;
- Attorney fees and court costs;
- Statutory damages;
- Interest; and
- Punitive damages.
Our Orange first responder lawyers also seek court orders to reinstate your employment, provide reasonable workplace accommodations, and provide other job conditions. A judge may also order that your employer take proactive steps to protect their employees from future discrimination, harassment, and other employee violations.
Do you have a first responder employment lawyer near me in Orange?
McNicholas & McNicholas, LLP meets first responders at our Orange office located at 10866 Wilshire Blvd., Suite 1400, Los Angeles, 90024. Our attorneys also consult with first responders remotely by phone and through online video discussions.
First responders protect the City of Orange. Our goal is to protect you.
Speak with our Orange first responder lawyers today
At McNicholas & McNicholas LLP, our family of lawyers has earned the respect of former clients and the legal community for our advocacy skills and our impressive record of success when employers of first responders violate your rights. Call us or complete our contact form today to schedule a consultation.
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I can’t express enough gratitude for the exceptional service we received from Attorney Brandon Castor during one of the most challenging times in our lives. Our family was affected by the devastating Paradise fires, and it felt like the weight of the world was on our shoulders as we tried to navigate the aftermath.
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
