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:

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. (CLASS ACTIONS CONSIDERED).
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.
PRIVACY AND DEFAMATION CASES

"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; and

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; and

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 Articles Written by Employee Rights Attorney Frank Pray [For Full Library of Articles, Visit Our Blawg "Drama, Conflict, Despair & Victory at Work."]

THE CENSOR: HE HAS A FACE, AND HE IS US

For those intrepid few who dare to express themselves as indiscreetly as the English language will allow, there is AB 1844, soon to be officially Labor Code Section 980 et seq. The California legislature has come to the protection of persons too dense, too indifferent, too rich, too independent or too eccentric to give a damn what they post on social media. Of course, it also has provided protection for even the cautious citizen who has no personality to hide. No one, not even someone whose greatest contribution to public debate is how to cook vegetables, should be required to give up his username and password to a meddling employer.

In the early days of social media, I think there was an illusion that a person could be "real" in that environment. The illusion is over. If you want to be real, transparent, and open, well, it turns out the old fashioned friends who actually meet over dinner or shared activities may be the answer after all.

Did we once hope that social media would provide that open intellectual space where viewpoints had room to breathe?

Continue reading...

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Recent Testimonials

"...your employer has attorneys representing them ~ so should you."

August 2012

I was asked to resign (or be terminated) my senior management position of 5 years after my boss inquired as to my "retirement plans". My response was that I intended to work for another 3 years and then re-evaluate possible retirement. When I refused to sign away my legal rights in exchange for a meager "settlement", I was unceremoniously fired.
I was referred to Mr. Pray through a friend at church. Frank immediately understood the circumstances and explained possible approaches and corresponding pros and cons. He advised me through the process of being terminated and then made a demand upon my employer for a more appropriate settlement amount. Within 6 months the matter was settled for significantly more than the initial offer by my employer AND a Letter of Recommendation.
Mr. Pray and his staff will keep you informed and his communication style with both his clients and opposing counsel is clear, concise and effective! Remember, your employer has attorneys representing them ~ so should you. Frank is simply the BEST of the BEST!

RW, Simi Valley, CA

". . . 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

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Disclaimer: This site is not legal advice. View it as a general resource and public service.

The Employment Law Office of Frank Pray handles cases related to most areas of employment law. My law firm is dedicated to helping employees dealing with issues of workplace discrimination (including gender discrimination, race discrimination, age discrimination and discrimination based on religion, national origin, sexual orientation, disability, pregnancy or illness); harassment due to hostile work environment (whether sexual, verbal, or other); contract disputes; wage and hour violations (such as overtime or break violations); whistleblower retaliation, qui tam and false claims act cases; and severance agreements and negotiations. My legal services and advice are available to any employee involved in illegal or wrongful termination, assault, battery, defamation, slander, or violation of privacy; or with job concerns regarding medical leave, Occupational Safety & Health Act (OSHA), affirmative action, gay & lesbian rights, Fair Employment and Housing Act (FEHA), labor code violations, Americans with Disabilities Act (ADA), California Family Rights Act, the federal Family Medical Leave Act, Employee Retirement Income Security Act (ERISA), Worker Adjustment and Retraining Notification (WARN) Act, or the Federal Employer's Liability Act. I can be contacted by anyone seeking an attorney for information about employee civil rights, or opportunities for monetary settlement, damages, or personal injury claims. "Employee Rights" is my exclusive focus, and has been for over 15 years.

I serve the Orange County, CA communities of : Aliso Viejo La Habra Anaheim La Palma Balboa Lake Forest Brea Los Alamitos Buena Park Mission Viejo Costa Mesa Monarch Beach Corona Del Mar Newport Beach Coto de Caza Newport Coast Cypress Orange Dana Point Placentia Dove Canyon Portola Hills Foothill Ranch Rancho Santa Margarita Fountain Valley San Clemente Fullerton San Juan Capistrano Garden Grove Santa Ana Huntington Beach Seal Beach Irvine Stanton Ladera Ranch Talega Laguna Beach Trabuco Canyon Laguna Hills Tustin Laguna Niguel Villa Park Laguna Woods Westminster Yorba Linda

I serve the San Bernardino County, CA communities of: Adelanto Apple Valley Barstow Big Bear Lake Chino Chino Hills
Colton Crestline Fontana Grand Terrace Hesperia Highland Joshua Tree Lake Arrowhead Loma Linda Lucerne Valley ntclair Needles Ontario Rancho Cucamonga Redlands Rialto Running Springs San Bernardino Twentynine Palms Upland
Victorville Wrightwood Yermo Yucaipa Yucca Valley

I serve the Los Angeles County, CA communities of: Agoura Hills Alhambra Arcadia Artesia Avalon Azusa Baldwin Park Bell Bell Gardens Bellflower Beverly Hills Bradbury Brentwood Burbank Calabasas Carson Cerritos Claremont Commerce Compton Covina Cudahy Culver City Diamond Bar Downey Duarte El Monte El Segundo Gardena Glendale Glendora Hawaiian Gardens Hawthorne Hermosa Beach Hidden Hills Huntington Park Industry Inglewood Irwindale La Canada Flintridge La Mirada La Puente La Verne Lakewood Lancaster Lawndale Lomita Long Beach Los Angeles Lynwood Malibu Manhattan Beach Maywood Monrovia Montebello Monterey Park Norwalk Palmdale Palos Verdes Estates Paramount Pasadena Pico Rivera Pomona Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Rosemead San Dimas San Fernando San Gabriel San Marino Santa Clarita Santa FE Springs Santa Monica Sierra Madre Signal Hill South El Monte South Gate South Pasadena Temple City Thousand Oaks Torrance Vernon Walnut West Covina West Hollywood
Westlake Village Whittier

I serve the Riverside County, CA communities of: Banning Beaumont Blythe Calimesa Canyon Lake Cathedral City Coachella Corona Desert Hot Springs Hemet Indian Wells Indio La Quinta Lake Elsinore Moreno Valley Murrieta Norco Palm Desert Palm Springs Perris Rancho Mirage Riverside San Jacinto Temecula

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