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FREE EMAIL CASE
EVALUATION: COMPLETE OUR ONLINE QUESTIONNAIRE FOR A PERSONAL REVIEW
BY EMPLOYEE RIGHTS ATTORNEY FRANK PRAY.
COMMITMENT, COURAGE, COMPASSION AND CONCENTRATION . OUR VISION
IS TO PROVIDE THE MAXIMUM RECOVERY FOR WRONGFUL TERMINATION
ACTIONS.
FOCUS OF MY EMPLOYMENT LAW PRACTICE IS:
"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.
Recent Testimonials
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"
I have had a wonderful experience with the Law Offices of Frank
Pray..".
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December 17, 2009
I have had a wonderful experience with the Law Offices of Frank
Pray. They were able to work with me and my previous employer to
reach a mutual agreement in a very timely manner. I would refer
anyone. Thank you Greg for all of your hard work!
J.N., Lake Forest CA
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"Highly recommended to me by
a large international law firm for his knowledge of employment law,
professionalism and competence . . ."
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December 12, 2009
An unexpected voluntary early retirement offer from my employer put
me in a state of shock and anguish. I quickly recognized the offer
was a "take it or leave it" proposition and I needed help to deal
with apparent pending adverse actions. Highly recommended to me by
a large international law firm for his knowledge of employment law,
professionalism and competence, I met Frank Pray in his Newport
Beach office. He immediately identified how he could protect my
employee rights and explained in detail possible outcomes of the
strategies he would utilize. He discussed all expected costs and
fees and made his first contact with my employer the same day. He
maintained continual contact with me through routine phone calls
and emails. The end result was an amiable severance settlement
appreciably better than the original offer.
T. E., Orange County
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"Attorney Pray was an
advocate on my behalf of the highest order.".
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November 11, 2009
After working long hours to manage a large project and after
receiving an exemplary performance review, my employment was
unexpectedly terminated for specious reasoning. The same day I was
notified of my termination, I had informed my employer that I would
need to take time off work again for a recurring health problem. My
employer offered a severance agreement, which I sought an attorneys
advice regarding. After a brief telephone call with Attorney Pray,
we met at his office to discuss the severance agreement, the merits
(and pitfalls) of the circumstances surrounding my termination and
to establish a game plan moving forward. Attorney Pray's honesty,
knowledge and thoroughness was apparent from the very outset,
traits that would serve my case well as it progressed. From the
production of an initial demand letter, through negotiations
between Attorney Pray and my now former employer's counsel and
ultimately to satisfactory mediation, Attorney Pray was an advocate
on my behalf of the highest order. I would recommend Attorney
Pray's services to any employee looking to enforce their
rights.
M.P. -- Laguna Niguel, CA
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"I would recommend his
services to anyone facing employee rights issues".
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March 2, 2009
Frank Pray is a highly-professional, employee rights attorney and
offers his clients a long and successful track record of positive
outcomes, for those who may have encountered wrongful termination
or other employee issues. Mr. Pray works in strong partnership with
his clients and keeps them well-informed of the progress of their
case and has a keen understanding of employment
law.
I also personally appreciated his ethics and strong integrity, his
desire to understand all aspects of the situation, and his
objective to be well-balanced when suggesting strategy. I would
recommend his services to anyone facing employee rights
issues.
Thank you, Frank, for having my best interests in mind throughout
our working relationship and for your great
support.
CS - Irvine, CA
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". . .he has been very straight forward
and honest with me."
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Feb. 2009
I was wrongfully terminated by a
well known OC firm recently, and just before the termination I had
decided to give Frank a call for assessment and advice. From the
moment he spoke to me, Frank immediately gave me clarification as
to what my
rights are and immediate steps to protect myself. Since then Frank
has been working tirelessly on the case for a better part of a
year. I've recently received settlement check and it was done in a
very timely manner thanks to you, Frank!
I would highly recommend ANYONE who
is on the verge of being fired and suspect wrong doing on the
employer's behalf to call Frank for an immediate assessment. Frank
is highly experienced and can build a case from scratch. He is an
extremely intelligent individual and he has been very straight
forward and honest with me. Most importantly, he kept my interest
at heart throughout the process, and looked after my interest at
step of the way!
Thanks Frank! Keep up the amazing
work, you represent well!
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"With your guidance and professionalism, I made it though a
difficult period in my life."
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January 2009
Frank-- I am so grateful that you took my case when others wouldn't
even give me the time of day. I am so pleased with the out come of
the severance settlement. With your guidance and professionalism, I
made it though a difficult period in my life. I would highly
recommend your services to any prospective clients who are looking
for and honest, professional and caring attorney.
Sincerely,
K.S.
Westminster, CA
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"His professionalism and experience were evident throughout our
business relationship."
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February 15, 2008
I was blessed to find Frank Pray to advise me
during my difficult separation from my long time employer.
His professionalism and experience were evident
throughout our business relationship and I was very pleased with
the outcome of my severance.
However, Frank's wisdom and heart, as a brother in
Christ will remain in my mind as his strongest attribute.
DP
Aliso Viejo
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"Thank you for working so hard to see justice done."
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August 6, 2007
I received my check and paperwork. I wanted to let
you know that your hard work and integrity really was helpful to
overcome the negative feelings toward another member of your
profession. Thank you for working so hard to see justice done. You
put in many hours on this case. I wanted to thank you for working
so hard given the amount. You sought the best outcome and did
whatever was required, without regard to whether the case was big
or small. .
I am truly grateful for what you accomplished. The
end goal was achieved for me in sending the message that no one
person is above the law; even an attorney.
Thanks!
S.K., Minnesota
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| "His willingness to guide me
when I was unsure as to how to proceed in my case was extremely
beneficial to me. . ." |
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July 3, 2007
I found that Frank Pray was very professional and
efficient to work with regarding my unjust termination from my
previous employer. His willingness to guide me when I was unsure as
to how to proceed in my case was extremely beneficial to me.
I would recommend Mr. Pray to anyone who is in need
of assistance with regards to employee rights.
SM
Riverside, CA
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| "As a Vice President of HR
with 25 years experience, I can now attest that there is a very
good plaintiff attorney in Orange County. . ." |
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June 18, 2007
I am very pleased to provide an endorsement of the
services of Attorney Frank Pray in a matter regarding severing my
employment with a long time employer.
He was insightful in his advice, balanced regarding
his observations and very helpful in understanding my legal rights
as well as the company's obligations to wards me in this
matter.
I appreciated his candor and found him very
approachable and available when the need arose. I should add that
all of our consultations were by phone and email which saved me
time and travel expense meeting face to face regarding the
case.
I would not hesitate to refer him to any employee
at any level who needs an advocate who understands the law and how
to negotiate to get a fair deal out of the necessary confrontation
that arises from time to time. As a Vice President of HR with 25
years experience, I can now attest that there is a very good
plaintiff attorney in Orange County named Frank Pray.
Best regards,
T. D-W
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| "It was quite worth while to
ascertain realistic legal rights, expectations, and options in
dealing with the severance proposal . . ." |
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May 10, 2007
I must thank you for your help in dealing with my
concerns regarding the severance from the company with which I had
been employed for nine and one-half years.
It was quite worth while to ascertain realistic
legal rights, expectations, and options in dealing with the
severance proposal offered by my employer. I would, and have,
recommended to anyone in this situation, to contact an employee
rights attorney and in particular Mr. Frank Pray, Attorney.
Best regards,
C.W.
Santa Fe Springs, CA.
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| ". . .Thank you for helping me
stand up for my rights and see justice prevail." |
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January 8, 2007
Thanks so much for your help and support during one
of my hardest experiences I've had to go through. Thank you for
helping me stand up for my rights and see justice prevail.
I really appreciate all your efforts that you put
into my case, giving me strength and confidence to never again
allow a right violation to go unchallenged.
I truly am grateful for your great help and support and I will
recommend your services, to anyone that needs an Employee Rights
Attorney.
My Best Regards,
B.C., Irvine CA
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| ". . .Mr. Pray was very
understanding, very through, and determined. He got the job
done". |
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January 2, 2007
I have never worked in a company as unbearable as
the one I worked for in the past five years. After giving my time,
energy and life to this company they let me go without cause or
reason. I received a letter that they no longer need my services.
In order to let me go, they carried out some very unethical
practices. While searching for an Employee/Labor Attorney in the
Riverside county area, I was recommended by another attorney to see
Frank Pray. Even though his office was in Orange County I made the
trip to discuss the issue at hand. He heard my situation and at
that moment he told me I had a possible case. Was he ever so
right.
Mr. Pray was very understanding, very through, and
determined. He got the job done. He was able to get my prior
employer to settle out of court. I would recommend him to anyone
having employee/labor relations concerns. The best part of all, he
was able to justify what my employer did was wrong and at that
moment, I felt so vindicated. That's the best feeling of all.
E.B., Riverside, CA
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For More Testimonials Use the
"Testimonials" Menu Link.
EMPLOYMENT LAW CASE OF THE YEAR: NAZIR V.
UNITED AIRLINES (2009).
Nazir v. United Airlines, Inc. 2009 Cal.App.LEXIS 1659. This case
is a major victory for employees bringing discrimination and
retaliation cases. The California Cout of Appeal has published a
landmark case that may be cited as controlling authority. The Nazir
decision increases dramatically the ability of employees to prevail
against Motions for Summary Judgment. Initially, a trial court
granted numerous evidentiary objections to written declarations
offered by the employee to oppose the motion. The Employer filed a
"Separate Statement of Undisputed Facts" for summary adjudication
consisting of 44 issues, and 196 pages long. The moving papers
included a request for "judicial notice" of 174 pages. All told,
the employer's papers were 1056 pages long! Not to be outdone, the
employee responded with a total of about 3000 pages, including a
separate statement of disputed facts 1,894 pages long. [It seemed
the force of the arguments was weighed in pounds, and not by the
weight of the admissible evidence]. The Court of Appeal admonished
the Defendant's counsel about the tactic of dumping a large volume
of quesionably relevant minutia upon the Trial Court. The Court of
Apeal was also severe in its crticism of the Trial Judge, who
seemed partial to the employer in her rulings. For example, she
sustained all but one of the Employer's 764 separate evidentiary
objections, without stating the basis of her rulings (and the one
she overruled, it held to be a mistake). Now all of these
procedural matters, while important, don't express some of the more
important components of the case. The Court of Appeal also wrote
some very significant statements of employment law: administrative
filings with the CA Dept. of Fair Employment and Housing are to be
liberally construed to allow causes of action to be stated in
Superior Court; the "same actor" presumption can be overcome, that
is, the one who hired the employee may still be shown to have acted
discriminatorily in firing the employee; and a general statement
that discrimination and retaliation cases are rarely appropriate
for dismissal at the summary judgment stage. Likewise, the Court
affirmed that a concurrent cause of action for "intentional
infliction of emotional distress" can be supported by the same
facts that state causes of action for discrimination and
retaliation. Finally, as a procedural matter, the Court wrote that
if an employee does not comply with the Rules of Court in opposing
the Motion for Summary Judgment, the Court should grant a
continuance on the employee's request in order to give him time to
comply. All in all, this decision deserves the status of "CASE OF
THE YEAR".
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