Skip to main content
Rafael Omar Gomez
Avvo
Pro

Rafael Gomez’s Answers

180 total


  • What can I legally do.

    One of my bosses has been taking pictures of my breasts and butt while I was working and sending it to other people in our company. I caught him doing it once and when I found out the first time I told my other boss and he said he would handle it....

    Rafael’s Answer

    I am sorry for your terrible experience. No one should have to deal with these kinds of problems in the workplace. There are a few different options available for you to pursue a possible claim. I would advise you reach out to an attorney in your area to go over the details of your situation. You may have a constructive discharge claim based on the employer's failure to remedy the situation and allowing the sexual harassment and hostile work environment to continue.

    See question 
  • Can I get my traffic ticket dismissed?

    An 18 wheeler ran a red light at an intersection , hit me & destroyed my car. Some witnesses claim it was my fault , others say it was the other drivers fault but the cop decided to give me the ticket anyway.

    Rafael’s Answer

    You should consult with an attorney in Western New York. You definitely want to fight the ticket, and depending on the jurisdiction where you received the ticket you may be able to plea it down with legal assistance. The key is not be found negligent for the accident as this could be used against you in a civil suit if there were injuries in the accident. Most lawyers, like my office, will give you a free consultation.

    See question 
  • Is it legal for an employer to write me up/fire me for calling off due to illness if I provide them with medical proof?

    New York: is it legal for an employer to write me up/terminate my employment for calling off due to illness if I provide them with a doctor's note and proof of medical visit each time? I struggle with a couple of medical issues and am not elig...

    Rafael’s Answer

    These situations can be complicated. I would advise you consult with an attorney who can review your employer's policy and your situation to see if there is a possible claim.

    See question 
  • Help me. Are they trying to get out of SLU and revenge. I had no control over breaking a bone. The legal terms ??

    I injured both knees at work in 2013. Torn menisus L and need total for R. I had surgery on L knee and came back to work. I was going up stair well at work and put left foot down on steps it was sticky substance i reacted pulled my foot off and re...

    Rafael’s Answer

    Do you have an attorney? If not, then find one. You want to make sure all of your issues are accounted for and understand what it means to take a SLU payout.

    See question 
  • Has my employer violated my FMLA protection?

    I am currently on FMLA leave for a documented medical issue and I believe my supervisor has violated my rights. He is sending me mean, unprofessional text messages and is pressuring me for more information about my illness. He has accused me of ab...

    Rafael’s Answer

    There are a number of protections under FMLA for employees who utilize it to take time off. You may have a viable claim for harassment under both the NY Human Rights Law, FMLA and Title VII of the Civil Rights Act of 1964. I would advise you to contact an employment attorney for a consultation to determine what you can do in your situation. You should do so as soon as possible, especially if you are going to be exhausting your FMLA soon and cannot return to work. There are protections under the ADA which must be considered and you should begin to prepare for to secure your job.

    See question 
  • Can I file personal injury case against somebody ? Do I have to settle my case with WC insurance first ?

    I injure my knee on scaffold at work in October 2015. I am cover with WC insurance and had surgery done in February 2016. After surgery my doctor told me that damage on my knee is greater then MRI originally shows and recovery will be much longer ...

    Rafael’s Answer

    Your WC case and a potential personal injury case are separate issues. There are details missing about your accident that are required to provide a proper evaluation of personal injury action. There are a number of protections for construction workers under the NY Labor Law. Contact an attorney for an evaluation as soon as possible.

    See question 
  • How do I find an attorney to assist with Article 78

    THE NYS OMIG has placed me on an exclusion. Is an Article 78 proceeding the way to fight being on NYS OMIG exclusion list if my appeal is denied ? I am a registered Nurse.

    Rafael’s Answer

    There are many attorneys in Erie County who can help you with your situation. Check the AVVO profiles for an employment lawyer in your area.

    See question 
  • Do I have a case? I've been ignored for a year now

    I work for a group home in upstate NY and had a manager who allowed me to work work regular overtime shifts at the other house she managed for about 2 years without telling me I was supposed to make $1.00 more an hour. When I found this out last y...

    Rafael’s Answer

    You should consult with an attorney. If you were working OT then you should have received time and a half minimum for every hour over 40. This is dependent on your position and whether you are considered non-exempt. Most lawyers will give you a free consultation to discuss.

    See question 
  • Do I have to wait for EEOC to determine that I have a case? Generally how long could a case of discrimination take?

    I was recently fired from a job with New York State. I feel I was discriminated against. Two other people involved in the same situation who were white were not fired. I am black. I have started the process with EEOC to file a charge of discrimina...

    Rafael’s Answer

    Every investigation is different. I recommend you discuss your situation with an attorney who can help you decide if EEOC or the NYS Division of Human Rights is more appropriate. Some investigations take longer than others but it is important to get filed with the right agency. Good luck.

    See question 
  • How do I get my job to cover me to get my wrist checked out?

    Hurt my wrist at work and I have been trying things on my own to make the pain go away. Its been two weeks and the pain has worsened.

    Rafael’s Answer

    Under NY Workers' Compensation law you must provide your employer WRITTEN notice of the accident which caused your injury within 30 days of the accident. This is not a strict deadline, as some circumstances arise where the claim is allowed after 30 days notice, but it is fact specific and will be an issue for the Judge to decide. I advise you contact a lawyer as soon as possible, as there is no legal fee to you unless the claim is accepted and only after the Judge awards same to the lawyer. Once the claim is accepted you will receive a claim number for your treatment. I recommend you contact a lawyer and make arrangements for a doctor's visit as soon as possible.

    See question