Marilynn Mika Spencer’s Answers

Marilynn Mika Spencer

San Diego Employment / Labor Attorney.

Contributor Level 20
  1. Can this be consider scam?

    Answered over 1 year ago.

    1. Marilynn Mika Spencer
    2. Stephen Joseph Cipolla
    3. Michael Charles Doland
    4. Jonathan H Levy
    5. James Carl Eschen III
    5 lawyer answers

    Attorneys are required by law to keep all information about clients and potential clients confidential. I don't know why you are reluctant to give you real name to prospective attorneys, but lying about your name is not a scam. A scam is a deliberate attempt to take advantage of others. One consequence of lying about your name is that when you find an attorney you like, he or she may not be willing to accept you as a client because of your lie. This would probably send up a red flag that...

    14 lawyers agreed with this answer

  2. Can I demurrer to the complaint as a strategy to drag out the litigation in hopes that he runs out of cash?

    Answered over 2 years ago.

    1. Marilynn Mika Spencer
    2. Paul Y. Lee
    3. Christine C McCall
    4. Robert Scott Lawrence
    5. John Noah Kitta
    5 lawyer answers

    It is impermissible to file a pleading, including a demurrer, for an improper purpose. Under some circumstances, it could subject you to sanctions. Your best course in litigation is always to play fair. And if you are in litigation, you should be represented by an attorney who can devote the attention to your case that it needs, and not rely on attorneys here on Avvo whom you don't know and who know nothing about your case. And you must know that many plaintiffs are represented by...

    14 lawyers agreed with this answer

  3. I was terminated after questioning my status as 1099 and expressing that I was being treated as an employee. How do I find a la

    Answered over 1 year ago.

    1. Marilynn Mika Spencer
    2. Craig Trent Byrnes
    3. Neil Pedersen
    3 lawyer answers

    This sounds very suspicious and you are right to question your classification (employee or independent contractor). The main issue in determining who is an employee and who is an independent contractor is who controls your work. The general rule is that a person is an independent contractor if the employer has the right to control or direct the RESULTS of the work but not HOW the work is done or even WHAT work is done. Many employers misclassify workers as independent contractors and pay...

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  4. If I sue for sexual harassment and lose, do I have to pay the opposing side's attorneys' fees or costs?

    Answered over 1 year ago.

    1. Agavni Gina Hogtanian
    2. Marilynn Mika Spencer
    3. Michael Robert Kirschbaum
    4. James Carl Eschen III
    5. David Andrew Mallen
    6. ···
    6 lawyer answers

    Unless your claim was "frivolous," as that word is defined by law, you will not have to pay the defendant's attorney's fees. You will be subject to paying the defendant's costs of suit. You will be able to challenge each cost item. Also, you may be able to negotiate a reduction or waiver of costs with the defendant, which is sometimes done by signing an agreement not to appeal. There are nuances and details of this, so if you are planning a lawsuit, be sure to discuss this with your...

    13 lawyers agreed with this answer

  5. I broke my ankle at a job site not owned by the company I was working for also I'm a union employee, do I have a lawsuit.

    Answered 8 months ago.

    1. William Berry Palmer
    2. Marilynn Mika Spencer
    3. Christian K. Lassen II
    4. C. Donald Briggs III
    5. David J McAuliff
    6. ···
    6 lawyer answers

    I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights. Were you working at the time you broke your ankle? If so, you may...

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  6. Responsibility

    Answered almost 2 years ago.

    1. Marilynn Mika Spencer
    2. Neil Pedersen
    3. David Philip Shapiro
    4. Robert David Richman
    4 lawyer answers

    I agree with you that your job is at risk if anyone in your household operates a marijuana dispensary. I am an employment law attorney in San Diego and I frequently represent federal employees in their employment problems. Federal agencies generally have an extremely broad "no tolerance" policy and really don't care what reasons a person has for violating federal drug laws. Regardless of California law, it is still a crime under federal law to sell marijuana. The Obama administration...

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  7. Employment Law Wrongful Termination: After signing a general release, can I still file wrongful termination claim?

    Answered over 2 years ago.

    1. Marilynn Mika Spencer
    2. George Ellis Corson IV
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Probably not, but an attorney will have to review the specific language of the release to know for sure. Usually, employers seek a waiver of each and every claim an employee could possibly file, in exchange for some benefit, most often money. If you signed such a release -- and again, an attorney would have to read it to know for sure -- then you have waived your right to file a wrongful termination in violation of public policy claim. Note that in California, you cannot waive any right to...

    12 lawyers agreed with this answer

  8. Will I be penalized because I didn't initiate settlement discussions with opposing counsel in my lawsuit?

    Answered over 2 years ago.

    1. Marilynn Mika Spencer
    2. Frank Wei-Hong Chen
    3. Molly Cristin Hansen
    4. David Thien Tran
    4 lawyer answers

    Note the rule is addressed to "the parties." Deadlines are extremely important and a party can forfeit his or her entire case or be sanctioned by the court by failure to adhere to deadlines. However, deadlines that require the parties to do something between or among themselves (as opposed to deadlines requiring something to be filed with the court) are often extended by the parties, either specifically in writing or by missing the deadline, which seams to be what happened in your case. It's...

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  9. Wrongful Termination from Community College Job

    Answered over 1 year ago.

    1. Marilynn Mika Spencer
    2. Jonathan Jacob Delshad
    3. Paul Y. Lee
    4. Kenneth Lewis Swenson
    5. Christine C McCall
    5 lawyer answers

    You asked: an employer cannot fire you for any reason until proven guilty by law right?" " Wrong. Employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. It’s...

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  10. I have a workmans comp hearing coming up, if there is no settlement and both parties cant agree can a judge deny me a trial ?

    Answered over 2 years ago.

    1. Marilynn Mika Spencer
    2. George Ellis Corson IV
    3. Jon Carl Marlowe
    3 lawyer answers

    Note I do not practice workers' compensation law. Your friend has it completely backward. If the parties do not settle, there will be a hearing that will resolve the case. If parties settle, there will not be a hearing because the case was resolved by the settlement.

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