Irvine Employee Rights Lawyers

What employees do your lawyers represent in Irvine?

At McNicholas & McNicholas, LLP, our employment lawyers represent employees, independent contractors, and volunteers. We represent workers in both the public and private sectors. Our Irvine employment lawyers represent:

• Law enforcement employees. We have a long history of fighting for police officers, sheriff’s deputies, SWAT team officers, bomb squad workers, and other law enforcement workers who help to keep California safe, manage traffic accidents, and educate communities such as Irvine about crime prevention.
• Fire Fighters. Our attorneys are proud to represent firefighters who risk their lives putting out residential and commercial fires, as well as fires like those spreading throughout the Los Angeles region in January 2025. We fight to protect firefighters and their support staff, who also manage hazardous materials and provide emergency healthcare.
• First responders. Our lawyers represent all first responders who protect Irvine when emergencies occur, including paramedics, EMTs, park rangers, corrections officers, and many other types of first responders.

What types of employment claims do you file in Irvine?

Our Irvine employment lawyers are respected by former clients and the California legal community for our record of success in handling the following types of employment claims:

• Discrimination and harassment claims. If you belong to a “protected class” (a group defined by your identity characteristics such as race or gender), and your employer negatively affects your work (such as firing you, denying a promotion, or making your workplace intolerable), we can file a discrimination or harassment claim on your behalf. We discuss discrimination and harassment employment claims in more detail below.
• Retaliation claims. Employees have the right to file employment claims and assert their legal rights. We file retaliation claims against police departments, fire departments, and other employers when they punish you for asserting your rights.
• Wage and hour claims. You work hard for every dollar. Your employer should pay you what you earn – on time. Our Irvine employment lawyers file wage and hour claims based on the Federal Labor Standards Act, the Equal Pay Act, California’s employment laws, Orange County regulations, and any written contracts you have.
• Executive compensation claims. Police chiefs, fire chiefs, and other executive employees often have written employment contracts that define their duties and benefits. We file complaints when employers and the City of Irvine fail to provide these benefits, which often include salary, insurance coverage, retirement benefits, severance pay, and other financial benefits.
• Qui tam/whistleblower claims. Employees in Irvine can disclose fraudulent conduct by their employer. The federal False Claims Act and California False Claims Act authorize payment of a percentage of any recovery obtained from the employer – subject to certain conditions. Our Irvine employment lawyers file these claims for recovery. We also file retaliation claims if your employer tries to punish or discipline you for disclosing their fraud.
• Family medical leave claims. Eligible employees in California can request medical leave to care for an ill family member or welcome new family members. At McNicholas & McNicholas, we file retaliation claims when employers punish employees who assert their family medical leave rights.
• Wrongful termination. Our Irvine employment lawyers demand reinstatement and financial compensation if your employer terminates your employment in violation of the relevant laws and your contracts.

At McNicholas & McNicholas, LLP, we represent employees and other workers who work for the City of Irvine Police Department, the Orange County Sheriff’s Office, the Orange County Fire Authority, and other Irvine employers.

What is an employment discrimination claim?

Workers can file a discrimination claim if they are a member of a protected class and their employer adversely affects their employment due to their membership in that class.

Protected class

The California Fair Housing and Employment Act (CFHEA) and federal discrimination laws protect workers who are judged based on the following characteristics:

• National origin or ancestry
• Race or color
• Physical or mental disability
• Age (40 or older)
• Sex, gender, gender identity, gender expression, and sexual orientation
• Religion or creed
• Genetic information
• Medical condition
• Marital status
• Veteran or military status

We can explain if you are a member of a protected class.

Adverse employment conditions

Adverse work conditions include:

• Termination of your employment
• Denying you a promotion you deserve
• Failing to look at your job application
• Denying you the training and education you need to do your job
• Transferring you to an undesirable location
• Suspending you
• Reducing your pay
• Failing to provide reasonable workplace accommodations for workers with a disability or who are pregnant

What is an employment harassment claim?

The California Fair Housing and Employment Act and the Equal Employment Opportunity Commission (EEOC) prohibit workplace harassment if an employer participates in the harassment, fails to take steps to stop harassment they should reasonably know about, and/or fails to implement policies and procedures (depending on their size) to educate workers about harassment and prevent harassment.

Harassment generally includes the following:

• Hostile work environment harassment. This type of harassment makes your job intolerable or causes your workplace to be abusive, offensive, or intimidating. Hostile workplace harassment includes verbal conduct, including offensive jokes, messages, web postings, images, videos, and conversations, as well as physical conduct, such as restricting your movement. Sexual harassment that creates a hostile workplace environment includes leering, offensive sexual conversations, unwelcome sexual advances, and nonconsensual sexual conduct.
• Quid pro quo harassment. Our Irvine employment attorneys file quid pro quo (this for that) harassment if your boss or anyone who can affect your job conditions, your work opportunities or employment on sexual favors or sexual advances.

What is an employment retaliation claim?

At McNicholas & McNicholas, LLP, we file retaliation claims when Irvine employers retaliate (discipline, intimidate, or punish you) for asserting any of the following rights for yourself or to support another worker:

• Filing a discrimination, harassment, or retaliation claim
• Filing a wrongful termination lawsuit
• Filing a qui tam/whistleblower claim
• Asserting your right to workers’ compensation benefits
• Refusing sexual advances
• Refusing to participate in discrimination or harassment in the workplace
• Requesting reasonable workplace accommodations to perform your job due to a disability or pregnancy
• Requesting family medical leave

What California and federal protect Irvine employees and other workers?

Our Irving employment laws understand the full range of federal and state laws that protect workers in Irvine. These laws include:

California law:

• California’s Fair Employment and Housing Act(FEHA)
• The California False Claims Act
• 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
• Family Medical Leave Act
• Federal False Claims Act
• The Pregnant Workers Fairness Act
• The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

How do you fight for the rights of Irvine employees?

Our Irvine employment attorneys begin each case by reviewing the basis for your claim and what happened. We’ll then explain your rights and your remedies. We work with experts in your field of work, vocational experts, financial damage experts, and experts in discrimination statistics (showing how classes of workers are affected) when necessary.

We also formally question your employer and everyone with knowledge of your work performance, your work conditions, and your claim. Our lawyers will review all documents, such as work performance records, that are relevant to your claim.

Our team works to show that your employer did violate your rights and all of your financial and personal damages. We will file your claim with the appropriate agencies and courts, including the following:

• California Civil Rights Department (CCRD)
• S. Equal Employment Opportunity Commission(EEOC)
• Superior Court of Orange County
• US District Court for the Central District of California

We are always ready to argue your case in court if a fair and just settlement of your claim cannot be achieved.

What is the value of my employment claim in California?

At McNicholas & McNicholas, LLP, we demand financial compensation and employment actions that will make you whole again — as if your employer had not violated your rights. We fight to obtain the following damages, depending on your type of claim:

• The loss of pay/income so far and the future/front income losses you can reasonably expect due to your employer’s violation of your rights
• Seniority benefits
• Executive compensation benefits
• Emotional distress and compensation for any damage to your reputation
• Statutory damages
• Legal fees, court costs, and interest
• Punitive damages for malicious conduct

Court orders directing your employer to perform certain actions, including reinstating you, fairly considering your promotion and other remedies