Berkeley Employment Lawyers Representing First Responders
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$2 Billion
in Personal Injury Results
$150 Million
in Employment Law Results
for First Responders
Helping first responders work based on their performance and not their identity characteristics
First responders include police officers, firefighters, EMTs, paramedics, and any public or private worker who provides assistance during emergencies. Many first responders save lives and property. Helping the residents, workers, students, and visitors in Berkeley avoid injuries, illnesses, and personal disasters is all part of their jobs. At McNicholas & McNicholas, LLP, our lawyers protect these protectors. Our Berkeley first responder employment lawyers hold employers in Alameda County and the city of Berkeley accountable when they discriminate or harass employees based on their race, gender, disability, or other identity factors. We file lawsuits when employers retaliate when first responders assert their rights. Our record of success includes $150 million in settlements and awards. We are ready to fight for your economic and personal security now.
Our results on behalf of workers include many high-value settlements and verdicts.
In one illustrative case, we obtained an $824,000 jury verdict for a former Department of Water and Power employee for the City of Pasadena in a case where our client suffered retaliation for writing a positive recommendation for the promotion of a female employee who was suing Pasadena for gender discrimination. Our client (Thompson) also testified for the female employee. The retaliation included altering Thompson’s chain of command and taking away his office and city vehicle.
“City management overtly stopped supporting Thompson by allowing his subordinate employees to undermine his authority, criticize and humiliate him, and failing to investigate Thompson’s complaints of these actions or take any corrective measures. Thompson was forced to take a stress-related leave of absence and later resigned.”
Quick questions
- When can first responders file an employment discrimination claim in Berkeley?
- When can first responders file a sexual harassment or retaliation claim in Berkeley?
- What other types of employment claims do your Berkeley, California lawyers handle?
- Who are the different types of first responders?
- Do you represent first responder independent contractors and volunteers?
- What laws protect first responders from employer misconduct?
- How do you fight for first responders who file employment claims in Berkeley?
- How much is my employment claim in California?
- Do you have a Berkeley first responder employment lawyer near me?
When can first responders file an employment discrimination claim in Berkeley?
Our Berkeley employment lawyers have 35 years of experience and professional relationships with statisticians, financial experts, and other professionals to show when employers discriminate and the consequences of that discrimination. At McNicholas & McNicholas, we work to show that you are eligible to file a discrimination claim due to your work status and the applicable discrimination laws.
Our lawyers work to prove discrimination by showing the following two requirements apply to your case:
Adverse employment conditions
Adverse employment conditions are any employer actions that negatively affect your job or career, including:
- Terminating your employment;
- Promoting other less qualified employees;
- Not hiring you;
- Preventing you from improving your job opportunities (such as training and job assignments);
- Transferring you to a less desirable work location;
- Not providing disabled or pregnant workers with reasonable accommodations to do their jobs;
- Reducing your pay;
- Suspending you;
- Taking away company benefits; and
- Other adverse employment actions.
Protected class status
We work to show you that you are a member of a “protected class” as defined by the relevant federal or state laws. Protected class status includes:
- Race, national origin, and color;
- Sex, gender identification, gender preference, and sexual preference;
- Cognitive or physical disability;
- Age (40 or older);
- Pregnancy or childbirth;
- Veteran or Military status;
- Religion;
- Medical condition;
- Genetic information;
- Marital status.
When can first responders file a sexual harassment or retaliation claim in Berkeley?
Sexual and other types of protected class harassment
Firefighters, paramedics, police officers and other types of first responders can file sexual harassment claims based on the provisions of the California Fair Employment and Housing Act (CFEHA) and Title VII of the Civil Rights Act of 1964. Generally, sexual harassment involves any verbal or physical sexual conduct (such as conversations, jokes, images, and innuendos), sexual favors, and any type of nonconsensual sexual contact. First responders can file a sexual harassment claim:
- If their employer directly or implicitly conditions their employment on sexual favors
- If the sexual harassment creates a hostile work environment in which the employee cannot perform their job or finds the harassment offensive
Other protected class victims, including racial victims, can also file harassment claims if offensive conduct creates a hostile work environment.
Retaliation
When your employer tries to intimidate you or punish you because you filed an employment complaint or lawsuit or because you support or testify on behalf of another coworker, you have the right to file a retaliation claim against your employer.
What other types of employment claims do your Berkeley, CA lawyers handle?
At McNicholas & McNicholas, our lawyers handle the following types of employment cases, among others, for all types of first responders – in addition to discrimination, harassment, and retaliation claims:
- Wrongful termination
- Wage and hour complaints
- Executive compensation disputes based on your written employment contract, including severance pay, wage and salary compensation, health and other insurance benefits, stock options, pensions and other retirement benefits, and any other benefits set forth in your employment contract
- Requests for family medical leave – time off to care for a loved one such as a newborn, adopted child, or an older family member
Who are the different types of first responders?
Our Berkeley employment lawyers represent all types of first responders, including:
- Police officers;
- Sheriff’s deputies;
- Firefighters;
- Paramedics, EMTs, and medevac operators;
- Corrections officers;
- Security personnel;
- Drug officials;
- SWAT members;
- Court officers;
- Park rangers;
- School resource officers;
- Dispatchers;
- Public works employees; and
- Certain telecommunication workers.
Do you represent first responder independent contractors and volunteers?
Yes. The California Fair Housing and Employment Act covers employees and independent contractors. Title VII of the US Civil Rights Act of 1964 also generally protects independent contractors. We’ll let you know if any exceptions apply.
Many first responders are volunteers who just want to help their community in times of need. In many cases, volunteers can also file discrimination, harassment, and retaliation claims. The main difference between employee and contractor claims is that volunteers do not receive pay compensation because they are volunteering their time. Volunteers can receive other types of financial compensation and injunctive relief.
What laws protect first responders from employer misconduct?
At McNicholas & McNicholas, our employment discrimination lawyers use every federal, California, or local law that gives you rights. These include:
- California’s Fair Employment and Housing Act (CFEHA).
- 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 Pregnancy Discrimination Act and the Pregnant Workers Fairness Act.
- The Trauma Treatment Act.
- The Equal Pay Act (which requires that women and men receive equal pay for equal work).
- The federal Family and Medical Leave Act and the California Family Rights Act.
- The Uniformed Services Employment and Reemployment Rights Act.
- The Federal False Claims Act and the California False Claims Act (which encourages first responders to disclose fraud involving governmental agencies).
How do you fight for first responders who file employment claims in Berkeley?
Our Berkeley employment lawyers who represent first responders file discrimination and harassment claims before the Equal Employment Opportunity Commission (EEOC) and the California Department of Civil Rights (CDCR). We also file employment lawsuits in federal and California courts (either directly or after review by the EEOC or CDCR.
We work through the formal discovery process and with the help of investigators and other experts – to verify your employment, show which of your employee rights was violated, and explain all of your damages. While we negotiate with insurance companies for employers, we are always ready to argue your case in court.
How much is my employment claim in California?
We understand how traumatic losing your job or suffering other adverse employment conditions can be. At McNicholas & McNicholas, we demand that your employer pay for all of your financial and personal damages (that the laws, employment contracts, and collective bargaining agreements) allow, including:
- Back pay losses and back benefits;
- Future (front) pay compensation;
- Emotional trauma;
- Attorney fees and court costs;
- Statutory damages;
- Wage and hour benefits; and
- Executive compensation and benefits.
If the employer’s conduct is malicious, we may also seek punitive damages.
We also seek injunctive relief that orders your employer to reinstate your job, promote you, hire you, provide reasonable workplace accommodations, and other types of relief.
Do you have a Berkeley first responder employment lawyer near me?
McNicholas & McNicholas, LLP meets first responders at our Berkeley office located at 10866 Wilshire Blvd., Suite 1400, Los Angeles, 90024. Our attorneys consult with clients by phone and remotely through online consultations.
We understand how anxious and upset you are. We’ve helped many workers like you obtain the compensation they deserve.
Talk with our accomplished Berkeley employment lawyers now
At McNicholas & McNicholas, LLP, we deeply appreciate the work first responders do to make Berkeley safe. Our Berkeley employment lawyers have earned the respect of former clients and the legal community for our dedication to our clients and our impressive record of success in employment litigation. Please call us or fill out our contact form today to schedule a consultation.
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