
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.
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Aug 24, 2026
Workplace Conflict: When to Escalate and When to Seek Legal Help
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Kimberly BenoitHOST
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.

Jesse WeinsteinGUEST
There's one that comes to mind, and it still kind of haunts me to this day a little bit.

Jesse WeinsteinGUEST
If I could Monday morning quarterback, go back and do it differently, I would.
6 MINS LATER

Kimberly BenoitHOST
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?
UN 415 - Jesse Weinstein. Employee Rights.
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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.

Jesse WeinsteinGUEST
Under the law, there's a subjective analysis, which is how the person's perceiving it.

Jesse WeinsteinGUEST
But objectively, is the behavior raising to the level of discrimination? Right.

Jesse WeinsteinGUEST
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.
18 MINS LATER
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What patterns do you see? What separates winning cases from ones that don't?
Kanye sexually assaulted me, says model, but he says it’s art
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Jesse WeinsteinGUEST
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.

Jesse WeinsteinGUEST
You can emulate certain things and it can still rise to the level of sexual assault.

Jesse WeinsteinGUEST
It doesn't even have to be a sexual assault under the Gender Motivated Violence Act, by the way.

Jesse WeinsteinGUEST
If we prove that this was an assault because she was a woman, we still meet our burden of proof.
