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- Marilynn Mika Spencer
Marilynn Mika Spencer
- San Diego, CA
- Licensed for 28 years
About Marilynn Mika
Spencer Johnson McCammon 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 is chair of CELA's Education 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
- 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
29 years
- 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.
29 years
- 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
29 years
- Class action: 10%
Representing wage and hour plaintiffs
19 years
Languages spoken
English, Spanish
Resume
| State | Status | Acquired | Updated |
|---|---|---|---|
| CA | Active | 1990 | 09/26/2019 |
| Award name | Grantor | Date granted |
|---|---|---|
| San Diego Top Lawyer | San Diego Best Lawyers / SD Metro | 2012 |
| Super Lawyer | Super Lawyers | 2007 |
| Title | Company name | Duration |
|---|---|---|
| Managing Attorney | The Spencer Law Firm | 1994 - Present |
| Chair | Personnel Appeals Board, City of La Mesa | 2000 - 2003 |
| Labor and Employment Law | Labor Studies Program, San Diego Community College District | 1999 - 2003 |
| Administrative Law and Procedure, Labor Agencies | Labor Studies Program, San Diego Community College District | 1999 - 2003 |
| Staff Attorney | International Brotherhood of Electrical Workers, Local Union 465 | 1995 - 1997 |
| Secretary-Treasurer, Steward, Council Representative, Delegate | American Federation of State, County and Municipal Employees (AFSCME), Local 3235 | 1984 - 1987 |
|---|
| Association name | Position name | Duration |
|---|---|---|
| State Bar of California, Litigation Section | Member | 2011 - Present |
| California Employment Lawyers Association (CELA) | Board of Directors | 2003 - Present |
| California Employment Lawyers Association (CELA) | Member | 1995 - Present |
| National Employment Lawyers Association (NELA) | Member | 1994 - Present |
| National Employment Lawyers Association (NELA) | Affiliate Leader | 1993 - Present |
| AFL-CIO Lawyers Coordinating Committee | Member | 1991 - Present |
|---|---|---|
| National Lawyers Guild | Member | 1990 - Present |
| State Bar of California, Labor and Employment Law Section | Member | 1990 - Present |
| National Lawyers Guild, Labor and Employment Committee | Member | 1990 - Present |
| California Employment Lawyers Association (CELA) | Secretary | 2009 - 2011 |
| State Bar of California, Labor and Employment Law Section | Advisory Board | 2004 - 2007 |
| State Bar of California, Labor and Employment Law Section | Executive Committee | 2001 - 2004 |
| National Lawyers Guild, Labor and Employment Committee | Steering Committee | 1992 - 2004 |
| Publication name | Title | Date |
|---|---|---|
| Union Member Guide to Labor and Employment Law | Workers With Disabilities: ADA and Other Laws | 1996 |
| Medical Trial Technique Quarterly | Who Owns the Test? | 1992 |
| School name | Degree | Graduated |
|---|---|---|
| University of California at Los Angeles School of Law | JD - Juris Doctor | 1990 |
| University of California, Los Angeles | BA - Bachelor of Arts | 1985 |
| Conference name | Title | Date |
|---|---|---|
| NAMI San Diego | Employment Disability Discrimination & Reasonable Accommodation | 2014 |
| 20th Annual OCD Conference | Ask an Attorney! What Are my Rights on the Job? | 2013 |
| Teaching to Transgress | Using Disability Law: A Practical Toolkit | 2012 |
| San Diego County Bar Association | So You Think You've Got a Case? What Every Attorney Should Know about Employment Law | 2012 |
| California Employment Lawyers Association (CELA) 25th Annual Conference | Legislative and Arbitration Update (moderator) | 2012 |
| International Obsessive Compulsive Foundation Annual Conference | Employment Law and OCD Hooray for the ADA! Woo-Hoo for the FMLA! | 2010 |
|---|---|---|
| California Employment Lawyers Association Annual Conference | Mind over Matter: Mental Health Disabilities, Law and Practice Tips | 2010 |
| Obsessive Compulsive Foundation Annual Conference | The Law Is Finally on Your Side! Recent Changes in the ADA Can Help You Stay Employed and Insured: What People with OCD Need to Know | 2009 |
| Obsessive Compulsive Foundation Annual Conference | OCD and the Law Getting: and Keeping a Job | 2008 |
| Not Another Moment Lost to Seizures | Know Your Rights! Employment and Epilepsy | 2007 |
| Navigating Narcolepsy: 2007 National Conference | Narcolepsy on the Job: Staying Employed & Staying Insured | 2007 |
| California Employment Lawyers Association Annual Conference | It's the Same but Different: Representing Federal Employoees | 2006 |
| Case name | Outcome |
|---|---|
| Due Process and Property Rights Violations | Substantial financial settlement, clear record, reference letter. |
| Wrongful Termination / Disability Discrimination / Failure to Accommodate | Three years' pay, clean file, reference letter. |
| Discrimination | Successfully achieved promotion and back pay. |
| Unpaid wages | Economic 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 claim | Financial 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. confidential | 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. |
| Sheppard v. North Orange County Regional Occupational Program, 191 Cal. App. 4th 289 (2010) | Successful appeal & class certification |
| University faculty (tenured) discipline | Successfully defended against allegations and negotiated settlement with no penalty to professor. |
| Disability discrimination / Case I.D. confidential | Successfully negotiated settlement agreement allowing continued employment. |
| Age discrimination / Case I.D. confidential | Case resolved for substantial financial damages (mid-six figures) |
| University faculty (pre-tenure) discipline | Successfully negotiated settlement agreement allowing continued employment. |
| Hunter v. Prouty, General Services Administration, EEOC No. 550-2008-00155X; MSPB No. SF-0752-09-1463-I-1 | Successfully resolved case (six figures in compensatory damages, plus cleaning all negative references from employee's file) |
| University faculty (pre-tenure) discipline | Successfully negotiated settlement agreement |
| Disability discrimination / Case ID confidential | Successfully negotiated six-figure settlement. |
| Race discrimination / Case ID confidential | Successful 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 confidential | Successfully negotiated six-figure settlement agreement allowing client to return to school and pursue her professional career. |
| Kent v. Lambesis / Lambesis v. Kent | Successfully defended against Superior Court action and negotiated settlement agreement resulting in overall payment of $420,000 client. |
| Disability discrimination and ERISA employee benefits | After filing federal lawsuit, successfully negotiated approval of disability benefits, payment of back benefits, compensation for emotional distress and payment of attorney's fees. |
Ms. Spencer is Great!
Posted by Trobi126
Mon Oct 29 2018
Praise for both Mika Spencer and Avvo.com
Posted by Chris
Wed May 16 2018
Attorney endorsements
(81)Kael Briski, Sexual harassment 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, Workers compensation 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.
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, Personal injury 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, Consumer protection Attorney on Jul 2, 2014
Relationship: Fellow lawyer in community
I endorse this lawyer.
Ligia Parmenter, General practice Attorney on Mar 27, 2014
Relationship: Fellow lawyer in community
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, Sexual harassment 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, Bankruptcy and debt Attorney on Feb 7, 2014
Relationship: Fellow lawyer in community
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, Lawsuits and disputes Attorney on Jan 25, 2014
Relationship: Fellow lawyer in community
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, Sexual harassment Attorney on Jan 4, 2014
Relationship: Fellow lawyer in community
Ms. Spencer is an excellent attorney and provides detailed, thorough and comprehensive responses to questions. I highly recommend her.
Eric Pitsch, DUI and DWI Attorney on Nov 1, 2013
Relationship: Fellow lawyer in community
I endorse this lawyer.
Robin Mashal, Litigation 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, Employment and labor 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, Divorce and separation 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, Car accident 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, Brain injury Attorney on Feb 18, 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 31, 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, Personal injury 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
- Hourly Rates$250-$650/hour
- 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%
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