But she later said that without a favorable ruling by the agency "we wouldn't do" the spinoff.
A favorable ruling would require just a majority to uphold.
If successful, the companies will use the favorable rulings to head off cases in those and other states.
He adds that the client does not deserve the favorable ruling.
A favorable ruling could potentially open the door to thousands of claims, he said.
How great an impact a favorable ruling in the case would have is unclear.
In addition to winning back wages, a favorable ruling would presumably make her more likely to get another teaching position.
"Until we get a favorable ruling, public opinion won't shift back to us," an adviser said.
Analysts had hoped a favorable ruling would provide good news to counter reports of financial problems.
A favorable ruling in the Cruz case could have profound implications.