Quick questions
- Can you provide examples of your recoveries in California discrimination, harassment, and retaliation employment cases?
- What types of workers do your San Diego employment attorneys represent?
- What types of claims do your San Diego employment attorneys handle?
- What is employment discrimination?
- What is employment harassment?
- What is employment retaliation?
- What federal and California laws protect employees?
- What agencies and courts hear my San Diego employment claim?
- How much is my San Diego employment case worth?
- Do you have a San Diego employment discrimination lawyer near me?
What types of workers do your San Diego employment attorneys represent?
At McNicholas & McNicholas, LLP, we understand just how hard employees train, study and work to qualify for and succeed at their jobs. Our attorneys represent public and private first responders who fight crime, respond to emergencies, extinguish fires, and provide first aid. When their employers adversely affect their employment due to their personal characteristics instead of their job performance, we step in to fight back. We also represent employees who suffer discrimination, harassment, and retaliation by private employers.
Our San Diego employment discrimination lawyers focus our employment litigation on the following types of employees:
- Law enforcement officers. We represent police officers, sheriff’s deputies, and other law enforcement workers who protect us from acts of violence and other crimes, come to our aid when vehicle accidents occur, and provide many other types of emergency help and support when there are disputes.
- Firefighters. Our lawyers help firefighters who risk burns, respiratory illnesses, and other harm when they receive the call to extinguish fires at residences, commercial property, and public property throughout San Diego.
- First responders. Our team fights for emergency medical technicians, park rangers, security staff, and other San Diego first responders who respond when dangers occur.
What types of claims do your San Diego employment attorneys handle?
At McNicholas & McNicholas, we handle discrimination, harassment, and retaliation claims (as we discuss below). We also represent employees at all skill levels in the following types of employment claims:
- Wage and hour claims. We demand that employers pay all the financial compensation that workers earn due to hourly work, piecemeal work, commissions, shift work, and overtime work- based on employment agreements, the Federal Labor Standards Act, the Equal Pay Act, and other laws.
- Executive compensation claims. Our San Diego employment lawyers represent supervisors, managers, employees with unique skills, and any other worker who has a written employment agreement. Our attorneys hold employers to their duty to pay these skilled workers their salary, insurance and other work benefits, severance pay, retirement benefits, stock options, and other contractual benefits.
- Qui tam/whistleblower claims (and retaliation claims). We file whistleblower claims, which seek a percentage of a recovery from employers who commit governmental fraud or offenses. Our attorneys also file retaliation claims when your employer tries to punish you for holding them accountable for illegal actions.
- Family medical leave claims. We seek enforcement of the right of qualified employees to take time off to care for a family member – including older family members with health disorders, newborns, and adoptees.
- Retaliation for filing a workers’ compensation claim. At McNicholas & McNicholas, LLP, our lawyers file retaliation claims against employers who penalize employees who file worker’s compensation claims due to an occupational injury or illness.
- Wrongful termination. Our San Diego employment attorneys file legal claims when employers terminate employees in violation of federal or California discrimination laws and other employment laws - or in violation of your employment or collective bargaining agreement.
What is employment discrimination?
Employment discrimination occurs when employers adversely affect your employment if you are a member of a protected class. At McNicholas & McNicholas, LLP, our lawyers understand the specific federal and California laws that protect employees from racial, sexual, and many other types of discrimination.
Protected class
Your “protected class” status depends on various federal and California laws (and court decisions). Protected classes, according to the Equal Employment Opportunity Commission (which enforces the Civil Rights Act of 1964 and other federal discrimination laws) include:
- Age
- Disability
- Equal Pay/Compensation
- Genetic Information
- Harassment
- National Origin
- Pregnancy
- Race/Color
- Religion
- Retaliation
- Sex
- Sexual Harassment
- Sexual Orientation and Gender Identity
Other protected classes, such as marital status or military status, may apply, depending on specific laws.
Adverse employment conditions
Some examples of adverse employment conditions include:
- Not considering your application even though you have the necessary skills and experience.
- Terminating your employment even though you have a good work performance record.
- Transferring you to an undesirable work location.
- Not giving you opportunities for promotions that other applicants in your job category receive.
- Not paying you the amount you deserve or reducing your pay.
- Giving you undesirable job assignments when others, such as younger workers, receive those assignments.
- Promoting less qualified workers instead of you.
- Not providing reasonable workplace accommodations if you have a disability or a pregnancy.
- Denying work benefits that others in your job category receive.
- Other adverse employment conditions
What is employment harassment?
According to the Equal Employment Opportunity Commission (EEOC),
Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where:
1) Enduring the offensive conduct becomes a condition of continued employment or
2) The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive
Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit.
Generally, employers are responsible for harassment by supervisors or any workers they control – if they knew or should have known about the harassment and did not take immediate steps and actions to stop the harassment.
One additional type of sexual harassment claim that our San Diego employment discrimination lawyers handle is “quid pro quo harassment,” which involves supervisors and any person in a position of authority who conditions employment on sexual favors.
You can file a harassment claim if the conduct is offensive to you – even if you are not the target of the harassment.
What is employment retaliation?
At McNicholas & McNicholas LLP, we hold San Diego employers accountable when they adversely affect the employment of any employee, contractor, or volunteer who asserts their legal rights, including:
- Filing or being a witness in a discrimination, harassment, or retaliation complaint, lawsuit, or investigation;
- Refusing to comply with orders that discriminate or harass a worker;
- Resisting sexual advances;
- Requesting reasonable accommodations;
- Filing a whistleblower claim;
- Filing a worker’s compensation claim;
- Seeking family medical leave; or
- Assert any other legal right.
What agencies and courts hear my San Diego employment claim?
Generally, federal discrimination cases start with the filing of a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), while California discrimination cases start with the California Civil Rights Department (CCRD). If these agencies cannot resolve your complaints, then we file lawsuits with the Superior Court of California County of San Diego or the US District Court for the Southern District of California.
How much is my San Diego employment case worth?
Losing your job, not getting the promotion you deserve, or suffering other negative adverse employment consequences can be financially devastating. Finding new work may take years or may be impossible.
At McNicholas & McNicholas LLP, our lawyers demand compensation for all your financial and personal damages that the laws and employment contracts (including collective bargaining agreements) permit, including all your damages so far (back damages) and your future damages (front damages). These damages include the following:
- Your wages, salary, and any other income.
- Health, vacation, seniority, and other work benefits.
- Pension and other retirement benefits.
- Emotional distress and damage to your reputation.
- Training and educational expenses for opportunities your employer should have provided.
- Lawyer fees and court costs.
- Statutory damages.
- Reasonable workplace accommodations if you have a disability or a pregnancy.
- Punitive damages for unconscionable conduct.
We also seek judicial orders that require that your employer rehire you, promote you, review your application based on your job skills, and meet other requirements.
Do you have a San Diego employment discrimination lawyer near me?
McNicholas & McNicholas meets police officers, firefighters, first responders, and other public and private employees at our office located at 10866 Wilshire Blvd., Suite 1400, Los Angeles 90024. Our family of lawyers discusses cases from the comfort of your home by phone and through online video conferences.
We understand your anxiety and fears. Our team is here to explain your rights and aggressively fight for all the employee compensation you deserve.
Contact our accomplished San Diego employment discrimination lawyers now
Founded by a family of attorneys spanning three generations, John McNicholas and their sons, Patrick and Matthew, have tried hundreds of cases to jury verdicts on behalf of clients. Clients can put their trust in McNicholas & McNicholas LLP’s team of lawyers when they suffer discrimination, harassment, or retaliation at work. Our San Diego attorneys are ready to assert your employee rights today. Call us or fill out our contact form today to schedule a free 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
