Orange County Employment Lawyers Representing Firefighters
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$2 Billion
in Personal Injury Results
$150 Million
in Employment Law Results
for First Responders
Holding fire departments accountable for employee discrimination, harassment, or retaliation
Many Orange County cities have their own fire department. Other locations rely on the Orange County Fire Authority. The firefighters who extinguish fires and provide emergency assistance at residences, commercial structures, and open land regularly risk their health and lives. They deserve to be treated with respect. At McNicholas & McNicholas LLP, our employment lawyers hold fire departments and authorities accountable when they disrespect firefighters through discrimination, harassment, and retaliation – and violate other employee rights and their contracts.
Quick questions
- Which firefighters in Orange County have employee rights?
- What are the requirements for filing an employment discrimination claim in Orange County?
- When can firefighters file a harassment claim in Orange County?
- When can firefighters file a retaliation lawsuit in Orange County?
- What federal and state laws do you assert on behalf of firefighters who suffer discrimination in Orange County?
- What types of employment claims do you handle in Orange County?
- How much can firefighters receive when fire departments violate their employee rights and contracts in Orange County?
- Do you have an Orange County firefighter employment lawyer near me?
Some of our results in firefighter employment cases include:
$3 Million
in a retaliation case. Our lawyers secured this sum for six firefighters who disclosed a dangerous and unlawful “Operation Catch-Up” fire department program.
$2.75 Million
in another retaliation case. Our attorneys obtained this amount for a fire department employee who disclosed potential grant fraud and abuse.
$1.5 Million
in a discrimination, harassment, and retaliation case. Our Orange County employment lawyers helped two firefighters obtain this amount of compensation when their employer violated the California Fair Employment Housing Act.
In one illustrative case, we obtained $1.5 Million for a municipal fire agency employee after the agency mistreated our client for more than three years. Our client was injured while performing his job. Our lawyers filed a discrimination, harassment, and retaliation claim after the fire agency gave him a desk job, even after he completed his rehabilitation. The agency also harassed him and ultimately forced him to resign due to his disability and work restrictions.
Which firefighters in Orange County have employee rights?
All Orange County fire department employees, contractors, and volunteers have the right to file an employee rights claim, including workers at the following departments:
Fire Departments
- Anaheim Fire Department
- Brea Fire Department
- Costa Mesa Fire Department
- Fountain Valley Fire Department
- Fullerton Fire Department
- Garden Grove Fire Department
- Huntington Beach Fire Department
- Laguna Beach Fire Department
- La Habra - LA County Fire Department
- Newport Beach Fire Department
- Orange City Fire Department
- Santa Ana Fire Department
The Orange County Fire Authority “provides fire services for the following cities: Aliso Viejo, Buena Park, Cypress, Dana Point, Irvine, Laguna Hills, Laguna Woods, Laguna Niguel, Lake Forest, La Palma, Los Alamitos, Mission Viejo, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda and the unincorporated areas of Orange County.”
What are the requirements for filing an employment discrimination claim in Orange County?
Firefighters and supporting staff members can file discrimination claims in federal and state courts if:
- They belong to a protected class, and
- Their fire department or authority adversely affects their employment.
Protected class
Whether you are a member of a protected class depends on the different discrimination statutes. For example, the California Fair Employment and Housing Act protects the following classes:
- Age (40 and over)
- Ancestry, national origin
- Disability, mental and physical
- Gender identity, gender expression
- Genetic information
- Marital status
- Medical condition
- Military or veteran status
- Race, color
- Religion, creed
- Sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions)
- Sexual orientation
Federal discrimination laws generally protect the same classes. We can explain where there are differences.
Adverse employment conditions
Fire department employers can negatively affect your employment in the following ways, among others:
- Firing you
- Not approving a promotion
- Not considering your application for hire
- Failing to give you opportunities for advancement
- Failing to train you
- Not providing reasonable workplace accommodations
- Suspending you
- Reducing your pay
When can firefighters file a harassment claim in Orange County?
Workplace harassment of members of a protected class is a form of employment discrimination.
Both federal and California laws protect fire department employees and other workers from harassment. The California Fair Employment and Housing Act (CFEHA) prohibits harassment of employees, independent contractors, applicants, volunteers, and unpaid interns by any person and requires that employers take all reasonable steps to prevent harassment.
The CFEHA harassment prohibition applies to “sexual harassment, gender harassment, harassment based on pregnancy, childbirth, breastfeeding, and/or related medical conditions, as well as harassment based on all other characteristics listed above.”
The CFEHA also typically requires that fire departments and the Orange County Fire Authority provide “sexual harassment and abusive conduct prevention training for all supervisors.”
Sexual harassment
Our Orange County firefighter employment lawyers file sexual harassment lawsuits when either of the following happens to you:
- "Quid pro quo" sexual harassment. This type of harassment involves conditioning your job on sexual conduct, sexual favors, or sexual advances.
- "Hostile work environment" sexual harassment. This type of harassment involves unwelcome sexual comments or conduct that, according to the CFEHA, “unreasonably interferes with your work performance or creates an intimidating, hostile, or offensive work environment.” You do not have to be the focus of the sexual harassment to file a sexual harassment claim.
Examples of sexual harassment include physical touching or assault; impeding your movements; unwanted sexual advances; sexual jokes, conversations, messages, and comments; sexually suggestive objects, images, and posters; and leering and sexual gestures.
All types of harassment
Firefighters who belong to a protected class (race, age, gender, etc.) can file a harassment claim if workplace conduct creates a hostile work environment – an environment that makes your workplace intimidating, offensive, or uncomfortable or that prevents you from doing your job.
Employers with 50 or more employees may also be liable for harassment (and discrimination and retaliation) if they fail to develop and implement harassment policies, post-employment posters entitled "California Law Prohibits Workplace Discrimination and Harassment,” and take other steps to ensure that employees understand their rights.
When can firefighters file a retaliation lawsuit in Orange County?
At McNicholas & McNicholas, LLP, we file retaliation claims against fire departments and authorities if they adversely affect your employment because you file a discrimination or harassment claim, workers’ compensation claim, whistleblower claim, request for family medical leave, or assert any other legal right.
What federal and state laws do you assert on behalf of firefighters who suffer discrimination in Orange County?
Our Orange County employment lawyers use the following laws, among others, to protect the employee rights of firefighters:
- The California Fair Employment and Housing Act(FEHA);
- Title VII of the Civil Rights Act of 1964;
- The Age Discrimination in Employment Act(ADEA);
- The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973;
- The Equal Pay Act of 1963;
- The Family Medical Leave Act or the California Family Rights Act;
- The Federal False Claims Act and the California False Claims Act, which protect whistleblowers;
- The Pregnancy Discrimination Act and the Pregnant Workers Fairness Act;
- The Trauma Treatment Act;
- The Equal Pay Act, and
- The Uniformed Services Employment and Reemployment Rights Act.
Most discrimination, harassment, and retaliation cases start with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CCRD). We often appeal EEOC and CCRD cases (or directly file employment claims) with the Superior Court of Orange County or the Southern Division of the Central District of California.
What types of employment claims do you handle in Orange County?
At McNicholas & McNicholas LLP, we handle the following types of employment claims for firefighters, police officers and other first responders:
- Discrimination claims;
- Harassment claims;
- Retaliation claims:
- Executive compensation claims;
- Wage and hour benefit claims;
- Whistleblower claims;
- Claims for family medical leave benefits; and
- Wrongful termination claims.
How much can firefighters receive when fire departments violate their employee rights and contracts in Orange County?
At McNicholas & McNicholas LLP, we demand that firefighting employers compensate firefighters for all of their losses to date (back compensation) and future (front compensation), including:
- Loss of income, insurance, accrued vacation and leave, pension and other retirement benefits, executive compensation, and all other financial compensation
- Your emotional suffering and any damage to your reputation
- Statutory damages
- Attorney fees and court costs
- Interest
- Punitive damages (in rare circumstances)
We also seek judicial orders to address wrongs that a monetary award cannot fix, including orders to:
- Rehire you without loss of seniority
- Grant you a promotion you deserve
- Approve your application for hire
- Provide reasonable workplace accommodations
Do you have an Orange County firefighter employment lawyer near me?
McNicholas & McNicholas, LLP meets firefighters and other firefighter personnel at our office located at 10866 Wilshire Blvd., Suite 1400, Los Angeles, 90024 – and remotely - by phone and through online video consultations.
Our lawyers are ready to answer your questions and fight for all the employee rights and compensation you deserve.
Get help now by contacting our Orange County firefighter employment lawyers today
Your firefighter job pays your bills and provides the satisfaction of knowing you are helping your community. At McNicholas & McNicholas, LLP, our lawyers have 35 years of experience fighting for first responders. Call our Orange County firefighter employment lawyers or complete our contact form today to schedule a free consultation.
List of fire departments we are suing or have sued
- Berkeley Fire/CoB (Non-LEO)
- Los Angeles Fire Department