Irvine Employment Lawyers Representing Police Officers

When can police officers and other law enforcement officers file a discrimination claim in Irvine?

Police officers and other law enforcement workers deserve to be judged on their ability to protect Irvine and not on their personal identity characteristics such as race or sex. At McNicholas & McNicholas, LLP, we have the experience and resources to file a discrimination claim against the City of Irvine Police Department and the Orange County Sheriff’s Office if they fire you or adversely affect your job — if you are a member of a protected class.

• A protected class. The California Fair Employment and Housing Act and federal discrimination laws protect employees (and generally also protect independent contractors and volunteers) if your employer judges you on any of the following characteristics instead of your ability to perform your law enforcement job:
  • Race or color
  • Ancestry or national origin
  • Sex, gender, sexual orientation, gender identity, and gender expression
  • Age (if you are 40 or older)
  • Physical or mental disability
  • Religion or creed
  • Veteran or military status
  • Medical condition or genetic information
  • Pregnancy
  • Marital status
• Adverse employment. A law enforcement department adversely affects your employment if they do any of the following:
  • Fire you from your job;
  • Refuse to review your job application;
  • Deny you a promotion or pay raise you deserve;
  • Deny you the training and education you need;
  • Reduce your pay;
  • Suspend you;
  • Fail to provide reasonable workplace accommodations if you have a disability or are pregnant; and
  • Other adverse employment conditions.

Our Irvine employment attorneys will discuss if you are eligible to file a discrimination claim.

When can police officers and other law enforcement officers file a harassment claim in Irvine?

Employers who harass their employees commit discrimination if the harassment is because an employee is a member of a protected class. Members of a protected class can file a harassment claim in Irvine if:

• Their employer participates in harassment that makes their workplace intolerable or
• Their employer fails to take action when they know workplace harassment by a supervisor or anyone the employee works with is taking place and fails to take steps to stop the harassment.

Contractors and volunteers may also be able to file a workplace harassment claim.

The two types of harassment claims that our Irving police employment lawyers handle include:

Hostile work environment harassment

A law enforcement department cannot create a workplace environment where workers cannot do their job, or their workplace environment is offensive, abusive, or intimidating. Examples of a hostile workplace environment include offensive or demeaning conversations, messages, jokes, videos, and images, and unwelcome physical contact.

Sexual harassment that creates a hostile work environment includes similar verbal and physical conduct of a sexual nature, including sexual advances, leering, and sexual images.

Generally, you can file a workplace harassment complaint even if someone else is the focus of the harassment if you are reasonably offended by the harassment.

Quid pro quo harassment

This type of harassment happens when your employer (or anyone who can adversely affect your employment) conditions your job on sexual advances or sexual favors.

In one illustrative harassment and discrimination case, McNicholas & McNicholas, LLP obtained $950,000 for a Los Angeles police officer when her request for medical leave resulted in harassment and discrimination.

When can law enforcement workers, including police officers, file a retaliation claim in Irvine?

At McNicholas & McNicholas, LLP, our employment lawyers hold police departments and other law enforcement employers accountable if they discipline or punish you because you assert any of the following employment or legal rights, including the right to file a:

• Discrimination or harassment claim
• Retaliation claim
• Workers’ compensation claim
• Qui tam/whistleblower claim
• Request for family medical leave
• Claim for any other legal right

We also file retaliation claims when employers punish officers for supporting or testifying on behalf of another worker’s employment claim.

What types of employment claims does McNicholas & McNicholas, LLP handle?

Our Irvine employment lawyers work hard to protect you just like you work hard to keep Irvine safe and help Irvine prosper. Our Irvine employment lawyers represent employees, independent contractors, and volunteers when federal and state laws permit. For 35 years, our lawyers have been

handling the following types of employment claims:

• Discrimination claims, harassment claims, and retaliation claims. We discuss these claims above.
• Wage and hour claims. We hold police departments and sheriff’s offices to their duty to compensate you, on time, for all the work you do according to your work agreements and applicable federal and state laws.
• Executive compensation claims.We represent all levels of management and workers with unique skills. Our Irvine employment lawyers seek to enforce the provisions of your written employment contract, including your salary, insurance benefits, pension and other retirement benefits, stock options (if any), severance pay, and any other forms of compensation.
• Termination claims. Employees have the right to file wrongful termination complaints when their employers fire workers due to discrimination, harassment, retaliation, violations of any federal or California laws, and violations of the terms of any written employment contracts or collective bargaining agreements. We seek compensation for all your financial damages and, where the laws or your contract provide, reinstatement of your employment.
• Whistleblower/qui tam claims. Our Irvine police employment lawyers file qui tam claims that authorize a percentage of any recoveries for blowing the whistle on fraud and retaliation claims when employers retaliate, fire or punish the employees because they disclose fraud.
• Family medical leave claims. The federal and California medical leave acts grant employees with enough work credits the right to leave to care for sick family members or new family members such as newborns and adoptees. At McNicholas & McNicholas, LLP, we file retaliation claims when law enforcement employers punish workers for asserting their right to family medical leave.

What California and federal laws protect police officers, sheriff’s deputies, and other law enforcement workers in Irvine?

We assert every employment law that protects you including discrimination and employment laws. These laws include the following:

California law:

• California’s Fair Employment and Housing Act(FEHA)
• The California False Claims Act
• The 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
• The federal False Claims Act
• The Family Medical Leave Act

How do you fight for police officers and sheriff’s deputies when police departments violate their rights?

McNicholas & McNicholas has obtained more than $150 Million in recoveries for law enforcement and other first responders. We file employment claims with the following agencies and courts:

Agencies:

• The Equal Employment Opportunity Commission (EEOC)
• The California Civil Rights Department (CCRD)

Courts:

• The Superior Court of Orange County
• The US District Court for the Central District of California

Our Irvine employment lawyers for police and other law enforcement officers will review your employment work and conditions, explain your rights, and formally question your employers, supervisors, and anyone with knowledge about your employment claim.

We can review your employment records, your employer’s policies and procedures on employee rights, and any other relevant employment documentation. Our lawyers will thoroughly review any collective bargaining agreements. Our lawyers work with financial experts, vocational experts, and other professionals.

We represent you before agencies and in court. Our team can work to show why your employer should be held accountable, and we can detail all your damages. We’re prepared to work to settle your case, but if your employer refuses to take full responsibility, we are always ready to argue your case before a local jury.

How much is my employment claim worth in California?

We carefully review all your damages. Our Irvine employment lawyers demand compensation for the following:

• Your past and future financial losses, including wages, overtime, bonuses, salary, and forms of income
• Loss of seniority
• Loss of health insurance and any other insurance coverage
• Executive compensation benefits
• Emotional distress and damage to your reputation
• Any other work benefits
• Statutory damages;
• Legal fees
• Punitive damages if the employer’s conduct is wanton or malicious

Our attorneys also seek court orders directing your employer to reinstate you and provide other remedies.