San Diego Employment Lawyers Representing First Responders
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$2 Billion
in Personal Injury Results
$150 Million
in Employment Law Results
for First Responders
Experienced representation when employers discriminate, harass, and retaliate against our emergency responders
San Diego first responders help us in numerous ways. Police officers and sheriff’s deputies protect us from crimes and help us when there are accidents or disputes. Firefighters protect our lives and our property from flames. EMTS and paramedics come to our aid when there are medical emergencies. At McNicholas & McNicholas, LLP, our aim is to return the favor by representing all of our first responders when public and private employers violate their employee rights – including the right to be judged on your work qualifications and not your identity characteristics. We’ve helped many first responders like you obtain strong recoveries. Our San Diego first responder employment lawyers are ready to fight for your job, your financial security, and your personal dignity. Call us now to assert your employee rights.
Our achievements on behalf of first responders include numerous settlements and verdicts for hundreds of thousands and higher – many for more than one million dollars.
In one exemplary case, our lawyers obtained an $824,000 jury verdict for a Department of Water and Power employee for the City of Pasadena. The case was a retaliation claim that began when our client (Thompson) wrote a positive recommendation for the promotion of a female employee who filed a lawsuit against the City of Pasadena for gender discrimination. Thompson was also a witness for the woman. The retaliation began when the City of Pasadena changed his chain of command and took 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
- What are the requirements for filing an employment discrimination claim in San Diego?
- What are the grounds for filing a harassment claim in San Diego?
- Can first responders file an employment lawsuit if employers retaliate?
- Do you handle non-discrimination employment claims for first responders in San Diego?
- Who qualifies as a “first responder?”
- What employment laws protect first responders in San Diego?
- How do you fight for first responders when employers violate their rights?
- What is the value of my first responder employment claim in California?
- Do you have a San Diego first responder employment lawyer near me?
What are the requirements for filing an employment discrimination claim in San Diego?
Our San Diego employment discrimination lawyers have the experience and working professional relationships to show that you qualify to file a discrimination claim. Many first responders in San Diego workers meet the initial requirement that their employer must be large enough (15 or more employees for federal claims and five or more employees for California claims.
The two other essential requirements are the following:
Adverse employment conditions
At McNicholas & McNicholas LLP, we work to show your employer negatively affected your employment in one or more of the following ways:
- Firing you:
- Not considering your application for hire;
- Not promoting you;
- Not providing training;
- Failing to provide opportunities for advancement;
- Transferring you to an undesirable location;
- Not providing reasonable accommodations if you have a disability or are pregnant;
- Reducing your pay;
- Not offering company benefits; and
- Other adverse employment actions.
Protected class status
Federal and state discrimination laws require that you be a member of a protected class. For example, Title VII of the US Civil Rights Act of 1964 defines protected classes as follows:
- Race;
- Color;
- National Origin;
- Religion;
- Sex.
Other protected classes, based on other federal laws and California’s Fair Housing and Employment Act, include:
- Disability – physical or mental;
- Age – 40 or older;
- Sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions);
- Sexual orientation;
- Gender identity, gender expression;
- Medical or genetic condition;
- Marital status; and
- Military or veteran status.
What are the grounds for filing a harassment claim in San Diego?
All first responders, including employees, independent contractors, volunteers, unpaid interns, and applicants, have the right to be free from racial, sexual, gender, or any type of protected-class harassment at work, according to the California Fair Employment and Housing Act (CFEHA). CFEHA also mandates that San Diego employers with 50 or more employees provide sexual harassment training for all their supervisors.
Generally, all protected classes can file a harassment claim if comments and conduct in the workplace create a “hostile work environment.” A hostile work environment is one where you cannot reasonably do your job because of offensive behavior. You do not have to be the target of harassment. Verbal and physical conduct directed at others can offend any employee who witnesses the harassment.
Title VII of the Civil Rights Act of 1964 also authorizes sexual harassment claims by employees. Independent contractors and volunteers should also be able to file a harassment claim.
Sexual harassment
Sexual harassment involves the creation of a hostile work environment due to sexual jokes, conversations, images, unwelcome physical touching, impeding your movement, leering, and other sexual behavior.
At McNicholas & McNicholas LLP, we also file sexual harassment claims if someone in a position of authority conditions your employment on sexual advances or sexual favors. This type of harassment is called “quid pro quo” harassment.
Sexual harassment is a form of discrimination.
Can first responders file an employment lawsuit if employers retaliate?
Yes. Our San Diego first responder discrimination lawyers regularly file retaliation claims if your employer tries to intimidate you or punish you because you cooperate in an investigation, report discrimination, file your own discrimination or harassment complaint, file a workers’ compensation claim, file a whistleblower claim, or support another worker’s employee rights.
Many of our largest recoveries involve a combination of employer discrimination, harassment, and/or retaliation.
Do you handle non-discrimination employment claims for first responders in San Diego?
At McNicholas & McNicholas, we handle a broad range of employment disputes and claims, including:
- Wrongful termination;
- Executive compensation;
- Wage and hour complaints; and
- Requests for family medical leave.
Executive compensation claims normally depend on your written employment contract. We handle claims involving compensation, severance pay, insurance and other work benefits, accrued vacation, stock options, and retirement benefits.
Who qualifies as a “first responder?”
At McNicholas & McNicholas LLP, we represent every type of first responder, including:
- Police officers;
- Sheriff’s deputies;
- Firefighters;
- EMTs, paramedics, and medevac operators;
- Park rangers;
- Corrections officers;
- Security personnel;
- SWAT members;
- Drug officials;
- Court officers;
- School resource officers;
- Dispatchers;
- Public works employees; and
- Certain telecommunication workers.
What employment laws protect first responders in San Diego?
The main California law that protects first responders is California’s Fair Employment and Housing Act (CFEHA).
The federal laws that provide protection include:
- 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 Federal False Claims Act and the California False Claims Act, which encourage first responders to file qui tam actions – in which the person who discloses governmental fraud can receive a percentage of the recovery.
- 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.
How do you fight for first responders when employers violate their rights?
Our San Diego employment attorneys file discrimination and harassment claims before the Equal Employment Opportunity Commission (EEOC) and the California Department of Civil Rights (CDCR). Our lawyers also file employment lawsuits in federal and California courts (either directly or after the EEOC/CDCR handles your claim – depending on the type of claim).
Our lawyers have the skills to obtain the evidence you need to support your claim – even though some of that evidence is in the possession or control of your employer. We use the formal discovery process to obtain your relevant workplace documents, such as performance records and to question your employers and everyone with knowledge about your claim.
We are skilled negotiators. Our team of lawyers is always ready to argue your employee rights case in court.
What is the value of my first responder employment claim in California?
At McNicholas & McNicholas, we demand that employers of first responders compensate you for your financial and personal damages and other damages that the laws, employment contracts, and collective bargaining agreements allow, including:
- Your income and work benefit losses to date (back losses);
- Your future income and work benefits losses (front losses);
- Emotional trauma and loss to your reputation;
- Attorney fees and court costs;
- Statutory damages;
- Wage and hour benefits; and
- Executive compensation and benefits.
We may also seek punitive damages if the employer’s conduct is wanton and malicious.
In addition to financial compensation, we seek injunctive orders that direct your employer to:
- Reinstate you with the seniority you lost;
- Hire you;
- Promote you:
- Provide reasonable accommodations if you have a disability or are otherwise eligible; and
- Create and implement policies and procedures to prevent future discrimination, harassment, or retaliation.
Do you have a San Diego first responder employment lawyer near me?
McNicholas & McNicholas, LLP meets first responders at our San Diego office located at 10866 Wilshire Blvd., Suite 1400, Los Angeles, 90024. We also discuss cases by phone and through online video consultations.
We’re here to answer your questions and fight to obtain the compensation you deserve.
Speak with our respected San Diego first responder employment lawyers now
At McNicholas & McNicholas, LLP, we respect and admire all of our first responders who keep us safe and healthy – and protect our San Diego communities. Our family of lawyers has 35 years of experience fighting for our public and private first responders. Call us or fill out our contact form today to schedule a consultation. We’re ready to fight for you now.
List of Agencies We are Suing or Have Sued
- Berkeley Fire/CoB (Non LEO)
- Berkeley PD
- Chula Vista PD
- City of Richmond (Non-LEO/Employment)
- Contra Costa Sheriff (Non-LEO/Employment)
- Culver City PD (Non-LEO)
- El Monte PD
- El Segundo PD
- Fremont PD
- Huntington Beach PD
- LA Co Sheriff
- LAFD
- LAPD
- LAWA
- Palo Alto PD
- Pomona PD
- Redondo Beach PD
- Riverside PD
- San Diego PD
- San Joaquin County Sheriff
- Santa Barbara County Sheriff
- Shasta County Sheriff
- Ukiah PD
- Walnut Creek PD
- Willits PD