FREE EMAIL CASE EVALUATION: COMPLETE OUR ONLINE QUESTIONNAIRE FOR A PERSONAL REVIEW BY EMPLOYEE RIGHTS ATTORNEY FRANK PRAY.

COMMITMENT, COURAGE, COMPASSION AND CONCENTRATION

• DISCRIMINATION LAW, INCLUDING DISABILITY, RACE, AGE, SEX, GENDER, SEXUAL ORIENTATION, MEDICAL AND PREGNANCY LEAVE, NATIONAL ORIGIN, ANCESTRY, DOMESTIC PARTNER AND MARITAL STATUS.
• HARASSMENT BASED ON DISCRIMINATION
• WHISTLE-BLOWER RETALIATION (WHETHER OR NOT YOU EXPLICITLY COMPLAIN OR VOCALLY RESIST AN ILLEGAL DIRECTIVE)
• WAGE AND HOUR VIOLATIONS, INCLUDING OVERTIME, BREAK, AND MEAL VIOLATIONS
• REVIEW AND COUNSEL CONCERNING PROPOSED SEVERANCE AGREEMENTS AND COVENANTS NOT TO COMPETE
• UNFAIR AND ILLEGAL TERMINATIONS OF EMPLOYMENT BASED ON BAD FAITH OR UNJUST REASONS.

"DO I HAVE A CASE?"

A "case" is tested by whether the elements of proof are likely present to persuade a court that the employer's conduct permits you to recover damages.
The elements of a "whistleblower case" are basically 1) that you complain about or resist some conduct by the Company, or that the employer anticipates that you will complain; 2) that your complaint is communicated informally or formally, internally or externally to the company, verbally or in writing, to someone in charge; 3) that your complaint goes beyond some trivial issue to a matter of "well established and important public policy", such as discrimination, harassment, or a crime, 4) that the employer takes action against you because of your complaint or resistance; 4) that you suffer significant career injury as a result.

A "discrimination case" requires elements to be proven as well. These are 1) that you are in a "protected category", such as over 40, or disabled, or on medical leave, or of a certain race, national origin or ethnicity, or any other group identified for protection by statute; 2) that you were qualified for the job and doing your job satisfactorily; 3) that you were replaced in your position (or somehow that someone was "preferred" or given greater opportunity) who was outside the "protected category"; 4) that that preferred person was no more qualified and no better performer than you; 5) that the official reason given by the employer for its adverse action is so patently false and unsupportable by reason or fact as to be considered a lie; 6) that you have been significantly damaged by the adverse action. Note that this burden of proof does not require that you have proof of a statement by the employer of its intent to discriminate.
"Harassment" is proven by many of the same elements as a discrimination case, but the focus is on how severe or pervasive the employer's distressing conduct may be. If severe, such as a physical assault, little or no repetition of the conduct is required. If not severe, such as occasional unjustified critical and demeaning comments, or offensive images, the numbers and frequency of the events must be sufficient to create a "hostile work environment", that is, be pervasive. You must prove not only that you personally found the environment distressing, but that a "reasonable" man or woman in your position would feel that way as well. The degree of distress must be such that it would unduly burden the ability of even a resilient person to work in such an environment. An emotional break-down is not required, nor is proof of medical treatment.

Basic "unfairness" cases are sometimes proven if the Employer followed a long standing policy of fairness that led employees to reasonably expect that "fairness" would be followed in deciding discipline, demotion, transfer or firing. The "policy" may be written, but it may also be inferred from the employer's established practices of fairness. Length of employment is a factor in expecting this fairness, but even long employments will not by themselves create an "implied contract" for fairness, honesty, and good faith. This "implied contract" is formed by several factors: employer policies, such as progressive discipline or probationary periods, that suggest "fairness"; promises and assurances of job security by the employer; commendation or praise for good work done; the industry practice for job security, and the length of your employment. Sometimes these factors can overcome even a written policy of "at will" employment.

Time Limits: Be aware that the law sets limits on how long you have to file your claims. Failure to file may result in loss of the right to maintain your claim in an Agency or Court. Federal discrimination claims before the EEOC must be filed within 180 days of the discriminatory act. Discrimination claims based on California law must be filed within 1 year of the discriminatory act. Retaliation (whistleblower) claims not connected to discrimination must be filed within 2 years of the retaliatory action. Defamation cases must be filed within 1 year. Other claims have other time limits.

Conclusion: Any reliable evaluation of your potential case requires more than this short summary can provide. A further office or telephone conference often yields information that identifies other potential claims. Call this office to set an appointment. I am available to conduct in depth telephone conferences for those prospective clients living outside Orange County. I am available to litigate cases throughout California, and I will travel as needed to make court appearances for cases of merit.

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EMPLOYMENT LAW CASE OF THE MONTH

Taken from the LA Times (1/30/2009) WASHINGTON -- President Barack Obama signed an equal pay bill into law today, declaring that it's a family issue, not just a women's issue.

The president picked the Lilly Ledbetter Fair Pay Act for the first piece of legislation to sign as president.

He appeared before a packed East Room audience for a ceremony, and Ledbetter stood at his side.

His entrance in the room was met with hearty cheers from the many labor and women's groups represented there. House Speaker Nancy Pelosi, the first woman speaker in the history of Congress, and Secretary of State Hillary Clinton, were present. Clinton went further than any woman previously in her campaign for the presidency, although she ultimately lost the Democratic Party competition to Obama.

The measure is designed to make it easier for workers to sue for decades-old discrimination. He said "this is a wonderful day."

The law effectively nullifies a 2007 Supreme Court decision that said workers had only 180 days to file a pay-discrimination lawsuit.

Ledbetter said she didn't become aware of a pay discrepancy until she neared the end of her 19-year career at a Goodyear Tire & Rubber Co. plant in Gadsden, Ala. She sued, but the Supreme Court in 2007 said she missed her chance.

The court said in its 5-4 ruling that a person must file a claim of discrimination within 180 days of a company's initial decision to pay a worker less than it pays another worker doing the same job. Under the new bill, given final passage in Congress this week, every new discriminatory paycheck would extend the statute of limitations for another 180 days.

Congress attempted to update the law to extend the time, but the Bush White House and Senate Republicans blocked the legislation in the last session of Congress

Opponents contended the legislation would gut the statute of limitations, encourage lawsuits and be a boon to trial lawyers. They also argued that employees could wait to file claims in hopes of reaping larger damage awards. The bill does not change current law limiting back pay for claimants to two years.

Obama, who took office on Jan. 20, spoke strongly in support of it during his campaign and the Democratic-controlled Congress moved it to the top of the agenda for the new session that opened this month.

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Employee Rights Attorney Frank Pray

5160 Campus Drive

Newport Beach CA 92660

949.251.1006

877.job.atty

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