Newport Beach Employment Lawyers Representing Police Officers

What is a discrimination claim?

Law enforcement workers in Newport Beach can file a discrimination claim against the Newport Police Beach Department and the Orange County Sheriff’s Office if the departments adversely affect the employment of a worker who is a member of a protected class.

• A protected class. You are a member of a protected class if, according to The California Fair Employment and Housing Act and federal discrimination laws, you can be identified by any of the following characteristics:
  • Race, color, ancestry, or national origin
  • Sex, gender, sexual orientation, gender identity, and gender expression
  • A physical or mental disability
  • Religion or creed
  • Age (you are 40 or older)
  • Veteran status or military status
  • Genetic information
  • A medical condition
  • Marital status

• Adverse employment. A police department or sheriff’s office negatively affects your employment if they do any of the following:
  • Fire you
  • Deny you a pay raise or reduce your salary
  • Deny you a promotion you deserve
  • Fail to consider your job application
  • Fail to provide opportunities for education, training, and advancement
  • Fail to provide reasonable workplace accommodations if you have a disability or are pregnant

At McNicholas & McNicholas, LLP, we will explain if you meet the requirements to file a discrimination lawsuit.

When can police officers and sheriff’s deputies file harassment claims in Newport Beach?

Harassment of members of a protected class is considered discrimination. Police officers and sheriff’s deputies in Newport can file harassment claims against employers who participate in the harassment or who reasonably should have known about the harassment and failed to take protective steps to stop the harassment. Police departments and sheriff’s offices can be held accountable if a supervisor, coworker, or anyone with access to the department causes the harassment.

Our Newport Beach law enforcement lawyers file the following types of harassment claims:

A hostile work environment

Employers create a hostile work environment when they make the workplace of a member of a protected class abusive, offensive, or intolerable or create an environment where workers cannot perform their jobs. Workplace harassment includes offensive verbal communications such as conversations, jokes, messages, and images, as well as offensive physical conduct.

You can file a workplace harassment claim if you are reasonably offended by the harassment – even if someone else is the focus of the harassment.

Quid pro quo harassment

This type of sexual harassment occurs when the employer or anyone in the department controls your employment conditions, your job or job opportunities on sexual advances or sexual favors.

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

What can I do if a police department or sheriff’s office retaliates in Newport Beach?

Police departments and sheriff’s offices cannot adversely affect your employment because you assert your legal rights. Our Newport Beach police employment lawyers file lawsuits based on California laws, federal laws, and court decisions when employers try to discipline or punish you because you:

• File a discrimination or harassment claim
• File a whistleblower claim
• File a workers’ compensation claim
• Request medical leave
• Support another worker’s legal rights

At McNicholas & McNicholas, LLP, we’ve obtained many recoveries for more than $1 million for police officers and other workers when employers retaliate.

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

Our team of employment lawyers has been strong advocates for police officers and other first responders for 35 years because we believe the people who protect us should be judged on their ability to protect the public and not on their personal appearances or backgrounds.

Our Newport Beach employment lawyers handle the following types of employment claims, among others:

• Discrimination claims, harassment claims, and retaliation claims (we discuss these claims above).
• Wage and hour claims. We file these claims when police departments and sheriff’s offices fail to pay you on time for the work you do – according to federal laws, California laws, Orange County regulations, and your employment contracts, including collective bargaining agreements.
• Executive compensation claims. At McNicholas & McNicholas, LLP, our lawyers represent police chiefs, command officers, and other executives who have written contracts. We demand compensation for all your contractual benefits, including salary, other income incentives, insurance, accrued vacation, stock options, pensions, retirement benefits, severance pay, and other benefits.
• Termination claims. Our Newport Beach police employment lawyers represent employees when police departments and sheriff’s offices terminate their employment in violation of discrimination and harassment laws, retaliation laws, collective bargaining agreements, and written employment contracts. We fight for your job reinstatement and the financial compensation you deserve.
• Family medical leave claims. Workers who are eligible (generally have a sufficient work history) can request medical leave to care for a family member who is ill or a new member of the family. Our lawyers file retaliation claims if your employer fires you or punishes you because you request family medical leave.

At McNicholas & McNicholas, LLP, we represent employees. Our lawyers also represent independent contractors and volunteers when federal and state laws permit.

What laws protect law enforcement workers in Newport Beach?

We use the following laws, among others, to protect police officers, sheriff’s deputies, SWAT officers, bomb squad officers, and any other law enforcement officers when employers violate their rights:

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 Family Medical Leave Act
• The federal False Claims Act

How do you fight for police and other law enforcement officers in Newport Beach?

McNicholas & McNicholas has obtained more than $150 Million in settlements and verdicts for first responders, many of whom are police officers. We file employment complaints and lawsuits 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 Southern Division of the Central District of California

Our Newport Beach employment lawyers will:

• Explain your rights
• Formally question your employer, supervisors, coworkers, and everyone with knowledge of your employment claims
• Review your written contracts
• Assert the applicable laws that protect you
• Examine the relevant documents in possession of the police department or sheriff’s office
• Enlist the aid of professional experts, including vocational experts and experts in discrimination statistics
• Negotiate a settlement with your employer and your employer’s lawyers and insurance companies
• Argue your case before the appropriate agencies and before judges and juries

What is the value of my employment claim in California?

At McNicholas & McNicholas, LLP, we will work to help you obtain compensation for all your damages to date (back damages) and future damages (front damages) – depending on the type of employment claim - including:

• Lost income, such as wages, overtime, salary, bonuses, and other income
• Loss of seniority
• Health insurance and other workplace benefits
• Executive compensation
• Emotional distress and damage to your reputation
• Statutory damages
• Legal fees and court costs
• Punitive damages if the employer’s conduct is malicious

Our attorneys also seek court orders directing your employer to:

• Reinstate you
• Promote you
• Review your job application based on your qualifications
• Provide reasonable accommodations if you have a disability or are pregnant