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Jesse S. Weinstein

Jesse Weinstein is a Litigation Associate at Phillips & Associates. He is a sharp negotiator with a meticulous investigative approach to each one of his cases. As a result, he has secured millions of dollars in settlements for his clients through presuit negotiations, mediation, and litigation. Additionally, Jesse was recently selected by Super Lawyers as a "2020 Rising Stars Honoree" in the New York City region for his contributions in the field of employment discrimination.

Prior to joining the firm, Jesse was an Assistant District Attorney at the Bronx County District Attorney's Office, where he gained substantial trial experience as first-chair counsel in several jury and bench trials. He also led complex investigations and conducted dozens of hearings and grand jury presentations.

Jesse also served in the United States Navy for four years as an Operations Specialist. After his enlistment, he completed his undergraduate studies at Pace University and attended law school at American University Washington College of Law.

Mr. Weinstein is dedicated to securing justice for workers who are dealing with misconduct such as workplace discrimination.

Workplace discrimination occurs when an employer treats an employee negatively because of his or her membership in a protected class. Negative employment decisions that may constitute employment discrimination include termination, failure to hire, failure to promote, demotion, paying an employee less, or offering less favorable terms, conditions, or privileges of employment. For example, if you are not hired to a job because you are a black man, this would be race discrimination under Title VII, the New York State Human Rights Law, and the New York City Human Rights Law. For another example, if you are not promoted to a customer-facing management position because you are of Middle Eastern origin and wear a hijab, this would likely be national origin and religious discrimination under Title VII, the NYSHRL, and the NYCHRL. However, each of the laws has its own nuances.

Generally, federal law applies only to midsize or large companies. To be covered by Title VII, your employer needs to have at least 15 employees.

Harassment based on a protected characteristic is one form of employment discrimination. It can be perpetrated by coworkers, supervisors, managers, clients, or customers. For example, if your manager offers you a promotion in exchange for sex, this would be quid pro quo sexual harassment. For another example, if your coworkers jeer at your hijab and call you a terrorist repeatedly, and when you complain to HR, the HR manager tells you that you need to take things less seriously, this would likely be actionable religious harassment.

You may be worried about reporting your employer's discriminatory conduct or your coworkers' harassment. However, retaliation is prohibited under most anti-discrimination laws, including the New York City Human Rights Law (NYCHRL), the New York State Human Rights Law (NYSHRL), Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). If you complain in good faith under these laws, you are engaging in a protected activity. Sometimes it turns out that the court disagrees that an employer's conduct constituted harassment or discrimination. The underlying complaint need not be decided in your favor for you to win a retaliation claim. Instead, if you are bringing your retaliation claim under the New York City Human Rights Law, you will need to establish that you were engaged in a protected activity, the defendant knew that you were engaged in a protected activity, the defendant took an employment action against you that negatively affected you, and there was a causal relationship between your protected activity and the adverse employment action. For example, if you complained about disability harassment to your supervisor, and you were terminated for causing trouble, you may be able to recover damages for retaliation.

It is stressful to deal with workplace discrimination, harassment, or retaliation, especially when you are going up against an employer that has more power than you do. Mr. Weinstein and our other skillful trial lawyers may be able to help you recover damages. Call Phillips & Associates at (833) 529-3476 or contact us through our online form. We litigate employment cases in Brooklyn, Manhattan, Queens, and the Bronx, as well as Westchester County, Long Island, Pennsylvania, and New Jersey.

What Our Clients Say?
"Phillips & Associates did a wonderful job. I would recommend Brittany Stevens." Angel
"Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone." Margaret
"Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done." Massimo
"Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues." Karen
AVVO Clients Choice Award 2012
10 Best 2017
Million Dollar Advocates Forum
Lawyers of Distiction 2018
Super Lawyers
New York County Lawyers Association