Samanthia Sierakowski Marshall is a trial lawyer who counsels and represents employers in all areas of labor and employment law, including litigation in federal and state trial and appellate courts, arbitration panels, and administrative agencies, including the U.S. Department of Labor, Equal Employment Opportunity Commission, Oklahoma Employment Security Commission, and Occupational Safety and Health Administration.
As part of her litigation practice, Samanthia routinely defends employers against claims of discrimination, harassment, retaliation, wrongful discharge and breach of contract, as well as alleged violations of the Family and Medical Leave Act and Fair Labor Standards Act. She assists clients in conducting internal investigations and preparing for audits by state and federal agencies, including wage and hour audits by the Department of Labor.
Samanthia is a frequent speaker on issues affecting the workplace and has been a contributing author to numerous business and professional publications, including The Oklahoman, Oklahoma Employment Law Letter, Midwest Employment Law Letter, HRlaws.com, and EmployerLINC, a legal blog dedicated to employers and workplace issues. She also serves as vice president of legislative affairs for the Tulsa Area Human Resources Association, an affiliate of the Society for Human Resource Management.
Samanthia also counsels and trains clients on compliance matters and educates clients on state and federal employment laws, including helping clients implement best practices for avoiding workplace disputes. Her experience includes advising employers on such issues as employee handbook and policy development and enforcement, discipline and termination, internal investigations, drug and alcohol testing, wage and hour matters, the ADA interactive process and reasonable accommodation considerations, FMLA determinations, approved leave, and the proper classification of workers.
In addition to her employment practice, a portion of Samanthia’s practice is devoted to business and civil litigation in state, federal, and appellate courts. She has represented numerous private and public clients in cases involving breach of contract matters, trust disputes, the Oklahoma Governmental Tort Claims Act, negligence to person and property, fraud, and insurance litigation.
Samanthia’s achievements have earned her inclusion in The Best Lawyers in America (employment law – management) and Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s top up-and-coming attorneys.
Prior to the practice of law, Samanthia taught middle and high school for the Los Angeles Unified School District and preschool for a small private school. She also enjoyed an acting career, including working as a member of a Shakespeare Company performing such roles as Juliet, Hermia, and Ophelia. Samanthia began her legal career serving school districts and municipalities, helping clients with various matters, including discrimination actions, contract preparation, review, and litigation, tort litigation, government contract compliance, and grant preparation for wastewater treatment projects.Download Bio (PDF)
- Successfully defended employer against claim of pregnancy discrimination, obtaining a voluntary dismissal by plaintiff.
- Aggressively defended employer in Americans with Disabilities Act and Family and Medical Leave Act action, leading to nominal settlement in full resolution of claims.
- Defended employer in high-risk Americans with Disabilities Act action, achieving favorable resolution of claim.
- Successfully defended employer against interference and retaliation claims under the Family and Medical Leave Act, obtaining a voluntary dismissal by plaintiff.
- Defended employer in multimillion-dollar breach of contract, fraud, and breach of fiduciary duty action, obtaining favorable result for the client.
- Prosecuted high-profile fraud, conversion, and breach of fiduciary duty action involving comprehensive investigation into internal and external financial records and collaboration with government authorities.
- Obtained various dismissals for school districts on the basis of non-compliance with the Oklahoma Governmental Tort Claims Act.
- Drafted ordinances, including methamphetamine-lab remediation ordinance that served as model ordinance for other municipalities adopting similar provision.
- Represented insurance carrier in multimillion-dollar tort/subrogation action.
- Achieved payment for client from insurance company after wrongful denial of funds.
Honors and Awards
- Selected by peers for inclusion in The Best Lawyers in America (employment law – management)
- Named to Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s up-and-coming attorneys
- Honored with Leadership Tulsa’s Star Award (2016)
Professional Organizations and Memberships
- Tulsa County Bar Association
- Oklahoma Bar Association
- Hudson-Hall-Wheaton American Inn of Court
- Tulsa Area Human Resources Association (Vice President, Legislative Affairs)
- Screen Actors Guild
Civic Involvement and Leadership
- The Center for Individuals with Physical Challenges (Past President, Board of Directors)
- Leadership Tulsa (Class 43)