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Jesse Weinstein

Jesse Weinstein

Jesse Weinstein is a Partner at Phillips & Associates, a NYC employment attorney specializing in workplace discrimination, retaliation, and whistleblower cases, and a former Bronx County prosecutor and US Navy combat veteran.

Aug 24, 2026

2:02
So before we jump into your work specifically in the legal space with workplace retaliation, I want to take a moment to talk through maybe a moment in your career where you were the one who maybe jumped to some conclusions or... approach leadership in a way that maybe that could have resulted in some very negative consequences that feel like retaliation or some kind of discrimination.
2:32
Sure.
2:32
There's one that comes to mind, and it still kind of haunts me to this day a little bit.
2:37
If I could Monday morning quarterback, go back and do it differently, I would.
2:42
But it was during my time in the Navy.
2:44
I was enlisted back in 2005 to 2009.
2:47
That's when I was in.

6 MINS LATER

8:32
So talk to me a little bit about, because that moment felt, you thought you were doing the right thing, but what did it cost you in that moment?
6:28
Is that what matters? Is it how you experience the thing? Or is it the actual words they use? Or is it a combo of both? Yeah.
6:35
So it's a combination of both.
6:37
Right.
6:37
Under the law, there's a subjective analysis, which is how the person's perceiving it.
6:41
But objectively, is the behavior raising to the level of discrimination? Right.
6:45
Because just because somebody perceives something to be discriminatory doesn't necessarily mean a reasonable person looking at it from the outside, looking in would see it that way.
6:53
Right.

18 MINS LATER

24:44
What patterns do you see? What separates winning cases from ones that don't?
24:51
How do you respond to that?
24:52
Again, I, I, I disagree and, and it's for the court to decide.
24:56
The case is fate literally on this question of whether this was art or whether this was a sexual assault, and I just, I completely disagree as legal counsel that somebody actually has to be forcing her to have oral sex with him in order for this to be sexual assault.
25:12
You can emulate certain things and it can still rise to the level of sexual assault.
25:16
It can still rise to the level of an assault, which is ...
25:18
It doesn't even have to be a sexual assault under the Gender Motivated Violence Act, by the way.
25:23
If we prove that this was an assault because she was a woman, we still meet our burden of proof.

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