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Marilynn Mika Spencer

Marilynn Mika Spencer’s Legal Cases

19 total


  • Sheppard v. North Orange County Regional Occupational Program, 191 Cal. App. 4th 289 (2010)

    Practice Area:
    Class Action
    Date:
    Dec 23, 2010
    Outcome:
    Successful appeal & class certification
    Description:
    Part-time instructors in adult education program were required to work off-the-clock for specific number of minutes for every paid hour. Trial court ruled that case was controlled by the Education Code instead of the Labor Code. On behalf of our client, James Sheppard, we appealed, arguing the Labor Code governs all California employees, and the Labor Code forbids employers to force employees to work without compensation. The appellate court agreed, and sent the case back to the trial court to be heard on the merits. Update 2012: Class is certified and case is in litigation.
  • Hunter v. Prouty, General Services Administration, EEOC No. 550-2008-00155X; MSPB No. SF-0752-09-1463-I-1

    Practice Area:
    Discrimination
    Date:
    Jan 01, 2009
    Outcome:
    Successfully resolved case (six figures in compensatory damages, plus cleaning all negative references from employee's file)
    Description:
    Disability discrimination and failure to accommodate physical disabilities of long term federal employee. Employee complaints resulted in harassment, degradation and efforts to terminate.
  • Age discrimination / Case I.D. confidential

    Practice Area:
    Discrimination
    Date:
    Mar 01, 2010
    Outcome:
    Case resolved for substantial financial damages (mid-six figures)
    Description:
    HIgh-ranking federal government employee with over 40 years government service was denied promotion due to age discrimination.
  • Whistleblower discrimination / Case I.D. confidential

    Practice Area:
    Employment & Labor
    Date:
    Dec 31, 2010
    Outcome:
    Money damages (six figures); retraining course; letter of reference; written apology; company had to correct safety violations and post related notices in all locations nation-wide.
    Description:
    Employer retaliated against truck driver who complained of company's safety violations and other unlawful practices. After employer refused to correct the violations, the truck driver reported the violations to the California Highway Patrol, after which the employer fired the truck driver.
  • University faculty (tenured) discipline

    Practice Area:
    Employment & Labor
    Date:
    Jul 01, 2010
    Outcome:
    Successfully defended against allegations and negotiated settlement with no penalty to professor.
    Description:
    High-profile, tenured University of California faculty under investigation for alleged "electronic cyber crimes" and Code of Conduct violations.
  • University faculty (pre-tenure) discipline

    Practice Area:
    Employment & Labor
    Date:
    Jan 01, 2007
    Outcome:
    Successfully negotiated settlement agreement
    Description:
    University of California faculty accused of sexual harassment of multiple students.
  • University faculty (pre-tenure) discipline

    Practice Area:
    Employment & Labor
    Date:
    Aug 01, 2009
    Outcome:
    Successfully negotiated settlement agreement allowing continued employment.
    Description:
    University faculty accused of sexual harassment of graduate student and bias in grade administration.
  • Kent v. Lambesis / Lambesis v. Kent

    Practice Area:
    Employment & Labor
    Date:
    Jan 01, 2003
    Outcome:
    Successfully defended against Superior Court action and negotiated settlement agreement resulting in overall payment of $420,000 client.
    Description:
    Company refused to hire executive despite agreement between the parties; independent arbitrator awarded $405,000 to executive. Company filed action in Superior Court to vacate arbitrator's award but was forced to comply with arbitration award.
  • Sexual harassment / Case ID confidential

    Practice Area:
    Discrimination
    Date:
    Jan 01, 2005
    Outcome:
    Successfully negotiated six-figure settlement agreement allowing client to return to school and pursue her professional career.
    Description:
    Sexual harassment and sexual battery of female clerical employee by male supervisor.
  • Disability discrimination and ERISA employee benefits

    Practice Area:
    Employee Benefits
    Date:
    Jan 01, 2003
    Outcome:
    After filing federal lawsuit, successfully negotiated approval of disability benefits, payment of back benefits, compensation for emotional distress and payment of attorney's fees.
    Description:
    Self-insured employer denied long-term disability benefits to employee with multiple sclerosis, although employee qualified for benefits.