Marilynn Mika Spencer’s Answers

Marilynn Mika Spencer

San Diego Employment / Labor Attorney.

Contributor Level 20
  1. I've been served a subpoena by some business for a recently fired employee...

    Answered about 3 years ago.

    1. Marilynn Mika Spencer
    2. Frank Wei-Hong Chen
    3. Robert John Murillo
    3 lawyer answers

    If the subpoena is in the workers' compensation case, then you should follow the advice of your workers' compensation attorney. There are a couple things in your post that are confusing. I don't understand the concept of having "little validity." A subpoena is either valid or not valid, assuming it was properly served. What the subpoena requests may be subject to objection, but the subpoena itself is still valid. Second, most subpoenas are not signed by a judge. Attorneys sign them...

    9 lawyers agreed with this answer

  2. Do i need a lowyer

    Answered about 3 years ago.

    1. Marilynn Mika Spencer
    2. Sean James Gavin
    3. Michael Robert Kirschbaum
    3 lawyer answers

    Yes. I assume this is an EEOC mediation, but my answer would be the same if it is some toher tyupe of mediation. It is nearly always the case that a person does better in mediation if he or she is represented by counsel. By "doing better" I am referring to the financial recovery, terms of settlement (including non-economic benefits, such as agreeing to a reason for a termination, obtaining training, reference letters, etc.), and making sure there are no "gottchas" in the settlement agreement....

    9 lawyers agreed with this answer

  3. Employment law: extra responsibilities / same pay, harassment (including racial comments), any legal recourse?

    Answered about 1 year ago.

    1. Marilynn Mika Spencer
    2. Christine C McCall
    3. Daniel Michael Holzman
    4. A Melissa Johnson
    4 lawyer answers

    This sounds like a manager who thinks the way to get ahead is by being an uncompromising jerk. While this is truly unfortunate, the reality is that employees 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...

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  4. My OBGYN touched my vagina, is that legal?

    Answered over 2 years ago.

    1. Marilynn Mika Spencer
    2. David Vincent Hiden
    3. Kevin Rindler Madison
    4. Shawn Michael Haggerty
    4 lawyer answers

    Gynecologists and ob-gyn doctors examine and treat the female reproductive system. Gynecological exams are by their nature very, very personal. I don't know a single woman who is truly comfortable with the kinds of exams ob-gyn doctors perform. Depending on the purpose of the exam, it may or may not have been appropriate to examine your vagina; most likely, it was appropriate. Here is a link to an article on gynecology exams that explains their purpose and what exactly happens during such...

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  5. What should I do first?

    Answered about 3 years ago.

    1. Marilynn Mika Spencer
    2. Frank Wei-Hong Chen
    3. John Addison Vos
    3 lawyer answers

    If you were fired because you complained about your employer's illegal wage and hour practices, then you shouldn't be worrying about appearing to blackmail the employer. Your employer should be worrying about its liability for breaking the law. Reinstatement under these circumstances would not be a matter of blackmail so much as correcting wrongful conduct. I always suggest that employees who have lost their jobs or are having problems at work prepare a chronology (timeline) of events to...

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  6. Msa was already sent but was not approved

    Answered about 1 year ago.

    1. Marilynn Mika Spencer
    2. Gerald Franklin Batchelder
    3. John M Connell
    4. Brett A. Borah
    4 lawyer answers

    If you have an attorney, then your question is better directed to him or her than to attorneys here on Avvo who know nothing about your case. Your attorney is in the best position to offer you guidance.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. If I tell my supervisor I am injured and in pain from a job related illness and ...

    Answered over 1 year ago.

    1. Marilynn Mika Spencer
    2. Greggory Mark Field
    3. Daniel Michael Holzman
    4. Brad S Kane
    5. Daniel W Epperly
    6. ···
    7 lawyer answers

    You need to discuss this with a workers' compensation attorney. You can find a workers' compensation attorney on the California Applicant Attorneys Association (CAAA) web site: http://caaa.org/cs/. CAAA is the strongest California bar association for attorneys who represent injured workers. On the home page, click on the picture of the wheelchair above the words "Injured Workers." On the next page, click on the link to “Attorney Search” on the left side. Enter your city or any other...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can you get fired for having an affair at work

    Answered about 2 years ago.

    1. Marilynn Mika Spencer
    2. Michael Robert Kirschbaum
    3. Herbert J Tan
    3 lawyer answers

    Your description sounds like you and the other employee might be meeting on work property and/or during the other employee's work hours. If that is what is happening, you must know this is risky and foolish behavior. You use the work "affair" as opposed to "relationship," so there seems to be a reason you and the other employee want to keep your involvement a secret. And then you say there are cameras at work and, apparently, you get together on site . . . perhaps one or both of you actually...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can a text messege containing nothing but a winking face be considered sexual harrassment?

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Marilynn Mika Spencer
    3. Steven Mark Sweat
    4. David Vincent Hiden
    5. Craig Trent Byrnes
    6. ···
    7 lawyer answers

    Unlawful harassment is a form of discrimination. To be unlawful, the harassment must be must be based on a protected category, such as race, sex, religion, disability, age (40 and over), pregnancy, or genetic information. Harassment can include verbal conduct, slurs, derogatory comments, comments or questions about a person's body, appearance, religious, or sexual activity, or indication of stereotyping. Harassment can also include offensive gestures, sexually suggestive eye contact or looks,...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I filed discrimination case and months later, before settling or trial, the company offered me my job back/Do I have to take it?

    Answered over 2 years ago.

    1. Michael Robert Kirschbaum
    2. Marilynn Mika Spencer
    3. Pamela Octavia Pitt
    3 lawyer answers

    Ms. Pitt is correct on the law. If you refuse the job offer, you will not be eligible for compensation for lost wages from the time of the offer. But what you really need is an analysis by a competent, experienced plaintiffs employment law attorney. Such an attorney may be able to negotiate a much better deal for you, especially if you suffered emotional distress and if the California Department of Fair Employment and Housing made a determination the employer violated the law. Most...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful