Marissa L. Lyftogt is a partner in Wilson Turner Kosmo LLP’s Employment Law group. She represents employers in all aspects of employment law, including defending against claims of harassment, retaliation, discrimination, failure to accommodate, wrongful termination and wage and hour class actions. She also has experience litigating matters in state and federal courts, in arbitration and representing employers before state and federal administrative agencies.

In addition to defending employers through litigation, Marissa devotes her time assisting employers with compliance as she believes that proactive compliance is the best defense. In this capacity, she prepares training materials, provides advice on hiring, discipline, leaves of absences and termination, and drafts employee handbooks, policies, pay plans, and employment agreements.

Marissa has published several articles on litigation techniques and preventive advice for employers. In 2013, Marissa co-authored an article for the California State Bar, Labor & Employment Law Review, The Best Defense Is a Good Offense: Defending Yourself Through a Comprehensive Wage and Hour Audit. She has also been featured as a speaker at the California State Bar’s Annual Conference. In 2014, she presented on Social Media Evidence: How to Obtain, Use and Present Evidence Ethically.

Prior to joining the firm, Marissa worked at a national labor and employment law firm representing employers. During law school, she worked as a legal assistant at an HR and employment law consulting firm where she conducted wage and hour audits, assisted with workplace investigations and developed training programs on fair employment practices.

Marissa received her J.D., from the University of San Diego School of Law (2008) and her B.B.A. magna cum laude, from the University of San Diego School of Business Administration (2004).

Affiliations

• Defense Research Institute (DRI), Labor and Employment Law Section, Women in the Law Section
• University of San Diego Alumni Organization
• California Young Lawyer’s Association - Board of Directors (2012-2015)
• National Association of Minority & Women Owned Law Firms (NAMWOLF)

Representative Matters

• Secured a defense verdict on behalf of a Fortune 500 company in a disability discrimination case where the Plaintiff, a current employee, claimed he was discriminated against because of a perceived disability and wrongfully forced on a leave of absence. Plaintiff had a work-related injury which resulted in permanent restrictions that he was contesting through the workers’ compensation system.
• Secured a defense verdict on behalf of a Fortune 500 company in an appeal from a Department of Labor Standards Enforcement decision. Plaintiff claimed she was owed $15,000 in unpaid overtime, $3,000 in liquidated damages and $7,000 in waiting time penalties. The company established it had proper policies and practices in place regarding the payment of wages and that when Plaintiff recorded overtime in the company’s timekeeping system, it paid Plaintiff for those hours.
• Obtained summary judgment on of a Fortune 500 company in a disability discrimination case where the Plaintiff claimed the company failed to accommodate his mental disability and forced him to resign. Plaintiff suffered from Post Traumatic Stress Disorder after witnessing a gang shooting and requested to transfer to a different location away from the alleged incident. The company established that it properly engaged in the interactive process by identifying locations with vacancies and that the Plaintiff was the one who failed to respond to its efforts and instead voluntarily resigned.

Honors and Recognition

• Included in The Best Lawyers in America® for Employment Law - Management (2024)
• Named to the San Diego Super Lawyers list (2023-2024)
• Named to the San Diego Super Lawyers - Rising Stars list (2015-2022)
• Named by San Diego Metro as one of San Diego's Top Attorneys (2020)
• Named in The San Diego Daily Transcript "Top 40 Under 40" Business Professionals (2016)