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Marilynn Mika Spencer

also known as Mika (Marilynn) Spencer, Mika Marilynn Spencer
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Avvo Rating10
  • San Diego, CA
  • Licensed for 30 years
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About Marilynn Mika

Spencer Johnson LLP practices labor and employment law exclusively, representing clients in matters including: disability discrimination and reasonable accommodation; sex, race, religious, sexual orientation, age, and other discrimination; wage and hour claims such as unpaid overtime, missed meal and rest breaks, and unpaid commissions; union law on behalf of unions; sexual harassment; whistleblower retaliation; federal and other government employees; contract law; and intellectual property.  Our attorneys appear in federal & state courts, the National Labor Relations Board (NLRB), Public Employment Relations Board (PERB), Department of Fair Employment & Housing (DFEH), Equal Employment Opportunity Commission (EEOC), Labor Commissioner, Department of Labor (DOL), Occupational Safety & Health Administration (OSHA), Unemployment Insurance Appeals Board (UIAB), Merit Systems Protection Board (MSPB) and State Personnel Board (SPB). 

Ms. Spencer is a recent past member of the Executive Board of the California Employment Lawyers Association (CELA) – the largest and most influential plaintiffs employment bar association in California.  She served on the CELA Board for 12 years.  She was the first chair of CELA's Education Committee, on which she served for 12 years.  She is a former co-chair of CELA's Public Employment Committee.

In addition, Ms. Spencer is a co-chair of the San Diego affiliate of the National Employment Lawyers Association (NELA), the largest and most respected plaintiffs employment bar association in the country.

Ms. Spencer was a Member of the Executive Committee of the Labor and Employment Section of the California State Bar.  Ms. Spencer was Chair of the Personnel Appeals Board for the City of La Mesa for two years and was a member of that Board for one year before.  

Ms. Spencer has been recognized as a San Diego SuperLawyer (Employment & Labor; Employment Benefits).  

 

Bar Admissions

Supreme Court of the State of California (1990)

United States Court of Appeals, Ninth Circuit (1990)

United States Court of Appeals, District of Columbia Circuit (1992)

United States District Court, Southern District, California (1990)

United States District Court, Central District, California (1998)

United States District Court, Northern District, California (2007)

 

Practice areas

Class actionWrongful terminationDiscriminationEmployment and labor
  1. Employment and labor: 50%

    Representing working people & labor unions in – administrative law: licensing – collective bargaining & arbitration – discrimination, harassment & retaliation: sex, race, disability / reasonable accommodation, age, sexual orientation, religion, pregnancy & other areas – employee benefits: short-term & long-term disability appeals – wage and hour: unpaid overtime, rest and meal break denials, unpaid wages, misclassification & retaliation – wrongful termination

    30 years

  2. Discrimination: 20%

    Representing private sector and government employees in discrimination based on sex, race, disability (including reasonable accommodation), age, sexual orientation, religion, pregnancy and other protected categories.

    30 years

  3. Wrongful termination: 20%

    Representing plaintiffs in cases in involving whistleblowing, public policy violations, discrimination, wage and hour retaliation, family leave denials & all other areas of wrongful terminatgion

    30 years

  4. Class action: 10%

    Representing wage and hour plaintiffs

    20 years

Languages spoken

English, Spanish

Contact

2727 Camino Del Rio S
address map

Spencer Johnson LLP

2727 Camino Del Rio S
Ste 140
San Diego, CA, 92108

Resume

License
StateStatusAcquiredUpdated
CAActive199010/28/2020
We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal answers7032
Legal guides20
Awards
Award nameGrantorDate granted
San Diego Top LawyerSan Diego Best Lawyers / SD Metro2012
Super LawyerSuper Lawyers2007
Work Experience
TitleCompany nameDuration
Managing AttorneyThe Spencer Law Firm1994 - Present
ChairPersonnel Appeals Board, City of La Mesa2000 - 2003
Labor and Employment LawLabor Studies Program, San Diego Community College District1999 - 2003
Administrative Law and Procedure, Labor AgenciesLabor Studies Program, San Diego Community College District1999 - 2003
Staff AttorneyInternational Brotherhood of Electrical Workers, Local Union 4651995 - 1997
Secretary-Treasurer, Steward, Council Representative, DelegateAmerican Federation of State, County and Municipal Employees (AFSCME), Local 32351984 - 1987
Associations
Association namePosition nameDuration
State Bar of California, Litigation SectionMember2011 - Present
California Employment Lawyers Association (CELA)Board of Directors2003 - Present
California Employment Lawyers Association (CELA)Member1995 - Present
National Employment Lawyers Association (NELA)Member1994 - Present
National Employment Lawyers Association (NELA)Affiliate Leader1993 - Present
AFL-CIO Lawyers Coordinating CommitteeMember1991 - Present
National Lawyers GuildMember1990 - Present
State Bar of California, Labor and Employment Law SectionMember1990 - Present
National Lawyers Guild, Labor and Employment CommitteeMember1990 - Present
California Employment Lawyers Association (CELA)Secretary2009 - 2011
State Bar of California, Labor and Employment Law SectionAdvisory Board2004 - 2007
State Bar of California, Labor and Employment Law SectionExecutive Committee2001 - 2004
National Lawyers Guild, Labor and Employment CommitteeSteering Committee1992 - 2004
Publications
Publication nameTitleDate
Union Member Guide to Labor and Employment LawWorkers With Disabilities: ADA and Other Laws1996
Medical Trial Technique QuarterlyWho Owns the Test?1992
Education
School nameDegreeGraduated
University of California at Los Angeles School of LawJD - Juris Doctor1990
University of California, Los AngelesBA - Bachelor of Arts1985
Speaking Engagements
Conference nameTitleDate
NAMI San DiegoEmployment Disability Discrimination & Reasonable Accommodation2014
20th Annual OCD ConferenceAsk an Attorney! What Are my Rights on the Job?2013
Teaching to TransgressUsing Disability Law: A Practical Toolkit2012
San Diego County Bar AssociationSo You Think You've Got a Case? What Every Attorney Should Know about Employment Law2012
California Employment Lawyers Association (CELA) 25th Annual ConferenceLegislative and Arbitration Update (moderator)2012
International Obsessive Compulsive Foundation Annual ConferenceEmployment Law and OCD Hooray for the ADA! Woo-Hoo for the FMLA!2010
California Employment Lawyers Association Annual ConferenceMind over Matter: Mental Health Disabilities, Law and Practice Tips2010
Obsessive Compulsive Foundation Annual ConferenceThe Law Is Finally on Your Side! Recent Changes in the ADA Can Help You Stay Employed and Insured: What People with OCD Need to Know2009
Obsessive Compulsive Foundation Annual ConferenceOCD and the Law Getting: and Keeping a Job2008
Not Another Moment Lost to SeizuresKnow Your Rights! Employment and Epilepsy2007
Navigating Narcolepsy: 2007 National ConferenceNarcolepsy on the Job: Staying Employed & Staying Insured2007
California Employment Lawyers Association Annual ConferenceIt's the Same but Different: Representing Federal Employoees2006
Legal cases
Case nameOutcome
Due Process and Property Rights ViolationsSubstantial financial settlement, clear record, reference letter.
Wrongful Termination / Disability Discrimination / Failure to AccommodateThree years' pay, clean file, reference letter.
DiscriminationSuccessfully achieved promotion and back pay.
Unpaid wagesEconomic recovery: back pay, front pay, penalties, interest. Reimbursement: attorney's fees, costs. Other: Positive letter of reference, retraining program, clear file of all discipline..
Defamation and unemployment claimFinancial damages and successful unemployment claim.
Disability discrimination and refusal to provide reasonable accommodation (public school employee)Successfully obtained reasonable accommodation for employee, recision of notice of intent to dismiss, and removal of all negative information from employee's file.
Whistleblower discrimination / Case I.D. confidentialMoney 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.
Sheppard v. North Orange County Regional Occupational Program, 191 Cal. App. 4th 289 (2010)Successful appeal & class certification
University faculty (tenured) disciplineSuccessfully defended against allegations and negotiated settlement with no penalty to professor.
Disability discrimination / Case I.D. confidentialSuccessfully negotiated settlement agreement allowing continued employment.
Age discrimination / Case I.D. confidentialCase resolved for substantial financial damages (mid-six figures)
University faculty (pre-tenure) disciplineSuccessfully negotiated settlement agreement allowing continued employment.
Hunter v. Prouty, General Services Administration, EEOC No. 550-2008-00155X; MSPB No. SF-0752-09-1463-I-1Successfully resolved case (six figures in compensatory damages, plus cleaning all negative references from employee's file)
University faculty (pre-tenure) disciplineSuccessfully negotiated settlement agreement
Disability discrimination / Case ID confidentialSuccessfully negotiated six-figure settlement.
Race discrimination / Case ID confidentialSuccessful negotiation of six-figure settlement agreement, race sensitivity and discrimination training for all management employees, clearing all negative references from employee file, and other compensation.
Sexual harassment / Case ID confidentialSuccessfully negotiated six-figure settlement agreement allowing client to return to school and pursue her professional career.
Kent v. Lambesis / Lambesis v. KentSuccessfully defended against Superior Court action and negotiated settlement agreement resulting in overall payment of $420,000 client.
Disability discrimination and ERISA employee benefitsAfter filing federal lawsuit, successfully negotiated approval of disability benefits, payment of back benefits, compensation for emotional distress and payment of attorney's fees.

Reviews

(23)
5 Star
91%
4 Star
4%
3 Star
0%
2 Star
0%
1 Star
4%
Review Marilynn Mika Spencer

Ms. Spencer is Great!

Posted by

Ms. Spencer provided great legal advice and assistance which provided me with great insight regarding my situation. She is thorough and very knowledgeable.
This review is from a potential client who consulted with this attorney.
Consulted attorney
Marilynn Mika Spencer's response: Thank you! It was my pleasure to assist you. Marilynn Mika Spencer

Praise for both Mika Spencer and Avvo.com

Posted by

I found a question someone posted here on Avvo.com that was similar to my own situation. What got my attention was how the answer Mika Spencer gave was valuable in and of itself, rather than purely an attempt to pitch a sale. So we communicated through this website, and I eventually hired her and her firm. All the preparation that went into the case seemed like a solid process, and let to a successful outcome.
This review is from a person who hired this attorney.
Hired attorney

Employment

Posted by

Marilynn took her time to read my case and she gave a well explained answer to my question
This review is from a potential client who consulted with this attorney.
Consulted attorney

star only review

Posted by

This attorney was very knowledgeable and very through. I appreciate her insight and the time she took to explain and answer my questions.
This review is from a potential client who consulted with this attorney.
Consulted attorney

She is a bad-ass lawyer!

Posted by

Mika is my lawyer and we spent the last five days together as she conducted depositions regarding my case and was also by my side during my deposition. During my deposition I kept thinking how thankful I was that she was MY lawyer and she was not deposing me. Her words, "don't be scared, be strong" kept rolling through my head which kept me from becoming a nervous wreck. Her demeanor reminded me of President Obama's comments regarding the women's champion sport team, he called them "bad asses." Mika is a bad ass, to see her in action is like watching a fine, trained professional do their work, just awesome. She is a respectful, thorough, human rights fighter/advocate that protected me and had my back throughout this process. I recommend her to everyone that believes they have a case where they may have been beaten down, taken advantage of, discriminated against, harassed and/or made to feel, via your disability, that you are less than - call her immediately. As we parted yesterday, I thanked her for protecting me and causing the worst time of my life to be one of the best times of my life. I would give her a million stars, as she is definitely one in a million. Call her, you will not regret it.
This review is from a person who hired this attorney.
Hired attorney

Very informative and really took the time to respond

Posted by

I will be calling her to schedule a consultation.
This review is from a potential client who consulted with this attorney.
Consulted attorney

Professional and an outstanding colleague

Posted by

I would highly recommend working with Ms. Spencer. She demonstrated a full understanding of complex legal issues and it was a pleasure to work with her. She is a powerful advocate for her clients and for working people in general.

Very competent

Posted by

Even she does not take cases like mine, she took her time to give some advises and that, for me, show her character. I wish to have her as my representative.
This review is from a potential client who consulted with this attorney.
Consulted attorney

A women gives knowledge and hope for the american identity

Posted by

I actually retained a lawyer in south bend Indiana he was good, tell u what he didn't go as deep as u. Thank u so much Marilynn. I appreciate the advice!!!!!!!

Thank you Mika and Avvo

Posted by

Mika Spencer settled my case and did a superb job. My employer was hard to deal with while I was still working there and after I left. His attorney was also hard to deal with. That is why I had to get legal representation. I found Mika on Avvo and I am glad. First I called two other lawyers but they never called me back. After Mika’s paralegal called me back and got my information, then Mika called me and we talked and then she made an office appointment for me. Then at the appointment she read my papers and asked questions then agreed to take my case. I loved that Mika sent me emails with copies of everything my boss sent her and his lawyers sent her and everything Mika sent to his attorney. I liked it that Mika kept me informed. I never had to ask what was going on. I am satisfied with Mika and how she represented me. I am glad the Avvo web-site listed her and I thank Avvo for providing this place for questions and answers. It is helpful to people like me who don’t know where to find good lawyers.
See all reviews

Attorney endorsements

(81)
Are you an attorney? Endorse this lawyer

Kael Briski, Discrimination Attorney on Feb 5, 2019
Relationship: Fellow lawyer in community

I endorse this lawyer. I had the pleasure of working with Ms. Spencer on a case recently. What impressed me most was her tenaciousness when it came to obtaining compensation for her client. The case we worked on was one of disability discrimination, and although it appeared that there were some significant hurdles to overcome regarding the amount of damages, she pushed hard and was able to obtain a significant result for her client. Ms. Spencer has the knowledge, experience, and passion for representing workers that have suffered discrimination in the workplace. If you are looking for an attorney to represent you pertaining to a failure to accommodate a disability, wrongful termination, or other work-related discrimination, then you would do well to engage Ms. Spencer.

Edward Rutyna, Wrongful termination Attorney on Oct 8, 2017
Relationship: Fellow lawyer in community

From her detailed and thoughtful responses on the avvo.com web site, it is clear that attorney Marilyn Mika Spencer knows employment and discrimination law inside and out, and has the right stuff.

Stephen Jaffe, Employment and labor Attorney on Dec 12, 2014
Relationship: Fellow lawyer in community

I endorse this lawyer.

Judd Nemiro

When it comes to ethics and concern for clients, this attorney goes above and beyond, I highly endorse this attorney for legal representation. Not only are they a well respected member of their community but a respected member in the legal field.

John O'Brien, Employment and labor Attorney on Oct 2, 2014
Relationship: Fellow lawyer in community

An extremely talented and well respected attorney in the legal community, I wholeheartedly recommend her to anyone looking for a lawyer who knows the law and truly cares about protecting the rights of her clients and getting them the most favorable result possible.

Hovanes Margarian, Employment and labor Attorney on Jul 2, 2014
Relationship: Fellow lawyer in community

I endorse this lawyer.

Ligia Parmenter

Marilynn Spencer is an experienced attorney whose participation and comments in Avvo show her commitment to serving clients very well. She is an excellent attorney that I recommend wholeheartedly.

Mary Shea, Employment and labor Attorney on Feb 25, 2014
Relationship: Worked together on matter

I endorse this lawyer. Mika stepped into cover a deposition for me on a very important matter. She was not only a quick study but she did a superb job. Her analysis of the matter was outstanding. Her grasp on how the deposition would impact my case was wholly impressive. Her works product was superb. I would highly recommend her

Daniel Tam

I endorse this lawyer. It is clear by reading the answers in the AVVO community that this lawyer is a top notch attorney who is highly respected in the legal community.

Jeannette Darrow

Marilynn Mika Spencer knows her stuff! If you need an employment law attorney, she's the one to call. There is a reason she's been named a Super Lawyer and San Diego Top Lawyer. Actually, there are many reasons! To name a few, she is helpful, straightforward, and genuinely likeable. I highly recommend Ms. Spencer.

Jonathan Weinman

Ms. Spencer is an excellent attorney and provides detailed, thorough and comprehensive responses to questions. I highly recommend her.

Eric Pitsch

I endorse this lawyer.

Robin Mashal, Employment and labor Attorney on Aug 11, 2013
Relationship: Fellow lawyer in community

Ms. Spender has made a substantial number of contributions on Avvo.com. I have looked over several of her contributions and have found them to be thoughtful, informative and practical. I endorse this lawyer's work.

T. Ritz, Wrongful termination Attorney on Apr 21, 2013
Relationship: Fellow lawyer in community

I endorse this lawyer.

Manbir Chowdhary, Employment and labor Attorney on Apr 4, 2013
Relationship: Fellow lawyer in community

I have the pleasure of knowing Ms. Spencer through our membership in the California Employment Lawyers Association (CELA). Ms. Spencer is a veteran advocate for workers' rights, and a highly respected member of the plaintiffs' employment bar.

John Kitta, Employment and labor Attorney on Feb 27, 2013
Relationship: Other

I endorse this lawyer.For employment questions in the San Diego area she is one of the lawyers for clients to look to for the proper advisement. She provides specific and to the point answers that carefully address all issues raised by the inquiries received from the AVVO readers.

Albert Crosner, Employment and labor Attorney on Feb 27, 2013
Relationship: Fellow lawyer in community

I endorse this lawyer. Attorney Spencer is a very experienced attorney in her field and is highly respected in her legal community. She has demonstrated depth of experience and knowledge with her long career of service to clients.

Brian Crockett, Wrongful termination Attorney on Feb 17, 2013
Relationship: Fellow lawyer in community

Attorney Spencer is a knowledgeable lawyer who is generous with her time and expertise. I recommend her.

David Mallen, Employment and labor Attorney on Jan 30, 2013
Relationship: Fellow lawyer in community

I endorse Mika Spencer. She is a highly respected litigator and top labor and employment law contributor on AVVO, a tireless source of insight and legal citation, and a wonderful human being. Mika is a true friend to employees in need of fast answers on AVVO.

Wendy Chau, Employment and labor Attorney on Jan 17, 2013
Relationship: Fellow lawyer in community

I highly recommend this attorney. Very intelligent and very thorough when analyzing legal issues! She is an asset to the AVVO and legal community.

Cost

RATES
  • Hourly Rates$350-$850/hour
    RATES
    • Contingency A contingency fee is the percent of the final award a lawyer will receive as compensation. For some of these cases, lawyers will only be paid if there is a successful outcome.33%-50%
    • Pro-bono Many lawyers provide free legal help to low-income clients. The percent listed indicates how much of a lawyer's practice is pro bono work.10%
    PAYMENT METHODS

    Cash, Check, Credit Card