Frank Cronin, Esq.

Profile

Frank Cronin, Esq. brings over 40 years of litigation experience in various types of labor, employment, contract, and class action cases to ADR Services, Inc. As a veteran trial lawyer, he has represented both plaintiffs and defendants in over 100 jury and bench trials in California, Texas, Oregon, Missouri, Ohio, Illinois, and Florida. He has litigated hundreds of cases in federal and state courts and before governmental enforcement agencies, as well as arguing multiple appellate cases in both federal and state appeals courts.

Since becoming a full-time neutral, Mr. Cronin has mediated and resolved more than 100 cases involving employment law, trade secret disputes, breach of contract, landlord-tenant and consumer issues. He has also arbitrated over 30 cases through to final award in the areas of wrongful termination, retaliation, harassment, discrimination (race, national origin, religion, gender, disability and reasonable accommodation), breach of employment contracts, misappropriation of trade secrets, wage disputes, commission disputes and related subjects.

As a recognized leader in the field of employment law, he has been honored by Best Lawyers and Super Lawyers in the areas of Employment Law and Litigation, Labor Law, and Alternative Dispute Resolution.

Areas of Specialization

  • Wrongful Termination and Whistleblowing
  • Wage & Hour; Class Actions; PAGA
  • Discrimination/ Harassment/ Retaliation
  • FEHA; TITLE VII; ADEA; ADA; California Labor Code
  • Disability Discrimination; Medical Condition; Failure to Accommodate
  • Family Leave, both state and federal
  • Trade Secrets and Non-Compete Litigation
  • Meal/ Rest Periods; Overtime and Off-the-clock; Misclassification
  • Contract Disputes; Commissions; Stock Options; Golden Parachute Issues
  • Collective Bargaining; Labor-management issues
  • ERISA Litigation
  • Enforceability of Arbitration Agreements

Professional Experience

  • Mediator and Arbitrator 2015 – Present
  • Partner & Of Counsel, Snell & Wilmer LLC 1996 – 2015
  • Partner, Jackson Lewis 1979 – 1996
  • Assistant General Counsel, Mexican-American Legal Defense Fund 1976 – 1978
  • Trial Attorney, U.S. Department of Justice, Civil Rights Division 1971 – 1976
  • Legal Intern, Lawyer’s Committee For Civil Rights Under Law 1971

Education

  • Boston College Law School, J.D. 1971
    • Managing Editor, Law Review; Legal Aid Bureau; Dean’s Graduation Award
  • Boston College, Cum Laude, A.B. 1966
    • English Literature and Philosophy
  • U.S. Army, Field Service Medical School, Texas 1966

Bar Admissions

  • The State Bar of California, 1976
  • District of Columbia Bar, 1972 (inactive)
  • Massachusetts, 1971 (inactive)

Alternative Dispute Resolution Training and Certification

  • Straus Institute for Dispute Resolution, “Mediating the Litigated Case” 2016
  • U.S. District Court, Central District of California, Mediation Panel 2016
  • Community Services Programs of Orange County, DRPA Certified Mediator 2015
  • Financial Industry Regulatory Authority (FINRA), Certified Arbitrator 2013
  • American Arbitration Association, Certified Arbitrator 2012
  • University of California – Irvine, DRPA Mediation Certification 2007

Awards and Recognitions

  • Best Lawyers in Orange County, “Lawyer of the Year” in Employment Law 2017
  • Best Lawyers in America, Employment Law and Employment Litigation 2001-2017
  • Best Lawyers in America, Alternative Dispute Resolution 2015-2016
  • Best Lawyers in Southern California, “Lawyer of the Year” in Labor Law 2015
  • Super Lawyers, Alternative Dispute Resolution 2016-2017
  • Super Lawyers, Employment Litigation 2006-2016

Publications and Presentations

Mr. Cronin is a frequent author of and contributor to articles published in legal publications. He has written on a variety of employment-related topics, including wage & hour issues, workplace bias, and employment arbitrations. He has also lectured and presented to various professional groups on all manner of employment issues. For a full list of his publications and presentations, please visit his website at www.frankcroninadr.com.

Representative Cases

Employment

  • Dispute between commercial laundry and its staffing company regarding breach of indemnification clause in contract by failing to reimburse costs of defending an employee’s discrimination complaint.
  • Dispute in arbitration between employee and major retail store employer alleging harassment based on sexual orientation, failure to accommodate disability and false imprisonment during store theft investigation.
  • Dispute between paralegal and law firm alleging wrongful discharge by retaliation based on complaints made as to sexual harassment by firm partner.
  • Dispute between company president and parent company for non-payment of golden parachute after accusations of accounting fraud against president, with claims brought in federal court under ERISA.
  • Appeal from summary judgment by employee against national bus company raising ERISA issues as to the employee’s right to modify a past election as to pension plan payout and timing.
  • Discrimination claim by auto dealer manager against auto dealership alleging employee was discharged due to his Muslim religion and national origin.
  • Discrimination claim by auto dealership employee who claimed she was discharged because of her Jewish religious heritage and harassed by middle eastern employees after the September 11 attacks.
  • Discrimination claim by British national working at a Northern California company who claimed he was discharged for opposing anti-British harassment in the form of insults, particularly as to the Queen and as to Sir Elton John.
  • Claim by law firm secretary who alleged she was sexually harassed by the firm’s managing partner.
  • Claim by Mexican-American Veteran’s Administration employee who claimed he was denied promotion due to discriminatory favoritism by management towards an African-American employee.
  • Claim by Mexican-American warehouse worker alleging he was fired due to his national origin, not due to the pretextual explantion, namely, his shipping error and subsequent loss of 32 washing machines.
  • Claim by auto dealership general manager that he was fired due to his age, rather than due to poor sales results and causing workplace conflicts.
  • Dispute by 71-year-old Japanese-American assembly employee for age discrimination after layoff from Japanese-owned manufacturer of hobby products.
  • Claim by former human resources director at manufacturing plant that she was terminated for reporting health and safety issues to senior management which they were reluctant to remedy.
  • Claim by former manager at auto dealership that he was terminated for reporting financial fraud to the DMV (its regulatory agency) and delivering confidential company records to them during his employment.

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Wage and Hour

  • Class action claim by 450 contract employees of national home store chain that they were not paid for off-the-clock time spent reviewing and responding to emails on employer-issued PDAs before or after the work day.
  • Class action by 1,200 hourly employees of a food market chain who claimed they worked off the clock, were denied breaks and meal periods and related claims.
  • Class action by 900 hourly employees of manufacturing company who claimed they were not paid for time spent in security lines at the start and end of the work day and were denied full meal periods because lunch rooms were located a long distance from work stations.
  • Class action by 800 pizza delivery drivers employed by a national chain for not fully compensating the drivers for the reasonable and necessary expenses incurred in operating their privately owned vehicles on company business.
  • Class action by 650 electrical installers at a remote solar farm who alleged that time spent travelling to and from the work site on company-paid buses (over 2 hours per day) was compensable despite collective bargaining agreement that classified it as unpaid commute time.
  • Class action by 650 union electricians employed by an electrical contractor who claimed they were not compensated at their regular hourly rates for time spent in after-hours training sessions.
  • Class action by 125 delivery drivers who claimed they were required to drive beyond the maximum allowable time as determined by the Department of Transportation, not paid for mandatory vehicle inspection times and not paid properly on the weight and distance payment formulas.

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