|

|
|
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
|
|
". . .
successfully negotiate a severance/departure
agreement..."
|
|
Oct. 4, 2011
I sought help from Frank Pray at a very stressful and difficult
time in my life. I had been working for the same company for over
10 years without any problems. Then my boss began harassing me,
being abusive, and treating me with a great deal of disrespect.
This harassing behavior went on for over a year. During this time
my boss began asking me to do things I was uncomfortable with. This
is when I meet with Frank Pray for help.
Mr. Pray used his legal knowledge to identify possible violations
of my rights as an employee. I then formally complained to my
company's HR department about my bosses' behavior and Mr. Pray
helped guide and counsel me during this difficult process. After I
formally complained about my boss, my boss, with the support of the
company's HR department, instead of addressing my complaints, they
ignored my complaints and went after me. They placed me on a so
called performance improvement plan (PIP), which I believed was a
pre-text to simply fire me for complaining.
I did not want to get fired, but I also did not want to sue my
company for wrongful termination, but I was ready to do so if
necessary. Instead of a long drawn out legal battle, I wanted to
pursue a peaceful and beneficial severance/departure agreement for
me and my family, so I asked Mr. Pray to help me. Mr. Pray used his
years of skill and legal knowledge to successfully negotiate a
severance/departure agreement.
It is difficult to express my appreciation for Frank Pray. He
helped, guided, and counseled me during a very difficult period in
my life and he helped resolve my work situation peacefully and
positively.
I urge anyone who is feeling alone and distressed about their work
situation to reach out and seek the help of Frank Pray.
Client, Orange County, CA
|
|
". . . fought
for me and made sure my story was heard and never gave
up..."
|
|
August 2011
I am so lucky to have found Mr Pray through a referral
source…
Until I found him, I had come across many attorneys unwilling to
even speak to me without a lump sum payment.
Mr Pray fought for me and made sure my story was heard and never
gave up.
I was so proud to have my side of the story represented by Mr Pray
and having a cash
Settlement was almost secondary to having him stand up and fight
for me.
I hope that I will never again be in a situation where I would need
his help but given the situation, I will always rely on Mr Pray
going forward and would recommend him to anyone who has been
wronged by their employer.
Thank you Mr Pray. You really do fight for the little guy.
HYP - LA
|
|
|
". . . his
knowledge, experience and genuine kindness is a trait not found in
many people...".
|
|
May 2011
I cannot express how grateful I am that I found an attorney as
wonderful as Frank Pray.
When my stress levels and frustration rose during my case, Frank
remained calm, reassuring and compassionate. His knowledge,
experience and genuine kindness is a trait not found in many
people.
My case settled and I'm happy to close that chapter of my life. I
do not believe a different attorney could have handled my case as
well as Frank did.
With that said, if I ever need advice on an employment law matter,
Frank Pray will be the first person I turn to. He is also the
person I will highly recommend to anyone that is in need of an
employment law attorney.
R. - Orange County, CA
|
|
". . .
he immediately made me feel like he
was on my team and he would strongly advocate for
me..".
|
|
August 5, 2010
After a traumatic and
unexpected termination, I sought a few lawyers and explained my
case and distress. These lawyers did not make me feel that I had a
good case and I felt like they were not interested in advocating
for me. When I contacted Frank pray, he immediately made me feel
like he was on my team and he would strongly advocate for me�which
he did for the next 12 months! He never lost faith and he and his
associated continually encouraged and assured me that all would be
well. The most important thing I got from them was that they cared
about me as a person.
Frank, I appreciate you taking
a chance on my case and pulling it off as beautifully as you did.
You have a big heart and you are right where you are supposed to
be. Greg was quite instrumental in gathering pertinent information
and I was thankful that you were both on my team. Feeling
vindicated is one of life�s greatest gifts. With your help, I was
able to achieve that. My heart is full and I am
grateful.
E. D., So.
Calif.
|
|
"I have had a
wonderful experience with the Law Offices of Frank
Pray..".
|
|
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
|
|
"Highly recommended to me by
a large international law firm for his knowledge of employment law,
professionalism and competence . . ."
|
|
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
|
|
"Attorney Pray was an
advocate on my behalf of the highest order.".
|
|
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
|
|
"I would recommend his
services to anyone facing employee rights issues".
|
|
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
|
|
". . .he has been very straight forward
and honest with me."
|
|
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!
|
|
"With your guidance and professionalism, I made it though a
difficult period in my life."
|
|
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
|
|
"His professionalism and experience were evident throughout our
business relationship."
|
|
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
|
|
"Thank you for working so hard to see justice done."
|
|
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
|
| "His willingness to guide me
when I was unsure as to how to proceed in my case was extremely
beneficial to me. . ." |
|
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
|
| "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. . ." |
|
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
|
| "It was quite worth while to
ascertain realistic legal rights, expectations, and options in
dealing with the severance proposal . . ." |
|
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.
|
| ". . .Thank you for helping
me stand up for my rights and see justice prevail." |
|
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
|
| ". . .Mr. Pray was very
understanding, very through, and determined. He got the job
done". |
|
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
|
For More Testimonials Use the
"Testimonials" Menu Link.
Recent Articles Written by Employee
Rights Attorney Frank Pray [For Full Library of Articles, Visit Our
Blawg "Drama, Conflict, Despair & Victory at
Work."]
HAPPY 2012: NOW GET COMPLIANT--FOR EMPLOYEES: IT'S NEW YEAR'S
EVE, BUT FOR EMPLOYERS, IT LOOKS MORE LIKE NEW YEAR'S
"GRIEVE."
Jerry is not about to use Arnold's veto pen to restrict protections
of employees. 2012 presents a winning hand dealt from the combined
deck of a Democratic Governor and California legislature. My
friend and colleague, Brian McDonald, an Orange County Business
Attorney providing guidance to California businesses, compiled a
list of the recent legislation that you can find posted for
downloading from the link provided below.
The summary of the summary, for those of you needing to do last
minute Christmas shopping, or to stand in line to return those cute
little yellow ducky slippers:
1. Use of genetic information to discriminate is now prohibited by
the Unruh Civil Rights Act;
2. "Interference" with medical leave and pregnancy leave rights is
now prohibited.
3. Employers must maintain medical coverage under a group health
plan for employees going on pregnancy and child birth leave for up
to 4 months.
4. "Gender Identity" is now included in the definition of "sex" as
a protected category in the anti-discrimination laws.
5. Employers cannot use "credit reports" as a qualifier for
employment unless the applicant is one of several limited
categories.
6. Employers who willfully misclassified their employees as
independent contractors will be hit with big penalties, and have to
place a "mea culpa" announcement on their company
website.
7. Commission Agreements must now be in writing. A superseding
written Agreement must be signed to overcome the presumption of
first Agreement being the applicable commission contract.
8. "Domestic Partners" are not to be denied equal coverage by
employer group plans.
9. Basically, firms that deny equal benefits to "same sex spouses"
or domestic partners, are not permitted to do business with the
State of California.
10. Various Labor Code enactments, but one of particular interest:
employers must provide new non-exempt employees at the time of
hire with notice of their rates of pay, manner of pay, allowances
claimed to be part of the minimum wage, the regular payday, all
names by which the employer is doing business, the principal place
of business and main address of the employer, the identification of
the workers' compensation carrier, and anything else the Labor
Commissioner may later chose to add.
Link to Full Article
|
|