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Rafael Omar Gomez
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Rafael Gomez’s Answers

183 total


  • 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.

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  • 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.

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  • 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.

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  • Good morning my name is mariangeli im inbox you to see what can i do my son is only 2 years old and he have lead in his blood

    Good morning my name is mariangeli im trying to see what i could do cuz i took my son his 2 years old for a lead test and it came back level 7 i have to take him back on wed at 11:15 am what cat i do

    Rafael’s Answer

    Unfortunately Rochester continues to have numerous children being exposed to deteriorated lead paint which leads to lead exposure. I am sorry you have to deal with this difficult circumstances. All though lead can come from many sources, the most common cause is paint in older homes. Your son is under the threshold of 10 so this level did not trigger a DOH inspeection. If you are in a rental home then contact the landlord and let him or her know of the level and any chipping, peeling or deteriorated paint in your residence or common areas. There is a lot of information on the CDC website about childhood lead poisoning and I would direct you there to learn more about how to help your son. Good luck.

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  • How I do I get wage loss income? Can I get a new lawyer without messing up further activity? And please give me a bull dog lawye

    Hello, I was on a nft a bus and the bus had difficulties so we parked. While parked waiting for another nfta bus...Their was a laid law bus that hit the bus. I was holding on to my seat and injured my wrist. My lawyer offered me 2 thousand dollars...

    Rafael’s Answer

    As anything in life, not all lawyers are created equal. You have many options available and you should find an attorney who is willing to listen and explain the process. As this involves buses, it is a no-fault case, and there are certain qualifiers you need to meet to get a recovery. We call this the "serious injury" threshold and is defined under Insurance Law 5012(d). Most attorneys will give you free consultation, as this is the practice in my office, so reach out to someone to talk about your situation.

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  • Would I be able to vacate the decision to get my job back?

    I was recently went through the arbitration process and was terminated from my job as a NYS Correction Officer. There were two other officers involved in the same incident they were both reinstated to their jobs. Those other officers were white, I...

    Rafael’s Answer

    You have a tight timeline to appeal the decision. If you want to pursue this matter I recommend you consult with an attorney as soon as possible.

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  • Is this age discrimination? Is there anything that can be done to stop this?

    My 30's something boss has told me that he wants me to retire several times. I'm in my 60's. He's done this twice in front of witnesses.

    Rafael’s Answer

    There are many employment laws under NY and Federal law which provides protections from discrimination because of your age. Contact an employment attorney for a consultation to determine if you have a viable claim and how to proceed with your situation.

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  • Can I sue my friend for damages/ health related bills and lost wages ?

    I am barely able to walk due to injuries to my knee and back that occurred when my drunk friend insisted she could drive after an evening out and drove into oncoming traffic ending up smashed head on into a telephone pole. I have been instructed t...

    Rafael’s Answer

    New York is a no fault state so all you need is the name of your friend's insurance company. I would recommend contacting a NY personal injury attorney and he or she can explain the process and handle the paperwork for you. This allows you to concentrate on getting the treatment you need without worrying about the bills. You can also get payment for lost wages and mileage for going back and forth to your doctors. Good luck and I am sorry for your situation.

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  • What should I do next? Is the burns on her hands something I should pursue in a lawsuit?

    My 5 year old had a manicure and pedicure at a nail salon.with regular nail polish. They placed her under fans to dry. The one dryer was not a fan it was a light under a drying station and my daughter got burns from the light on her finger on one...

    Rafael’s Answer

    You should consult with a local attorney who can help you process a claim for what happened to your daughter.

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  • What can I do if 4 wks. goes by and I'm still not working at my new position on the other unit?

    I have accepted a new position at work which is a lateral move to another department. My orientation is suppose to start on April 4, 2016 according to the written offer I've received. However, my current manager and the Director of Nursing whose...

    Rafael’s Answer

    Your transfer within the same employer to a new position makes this a difficult situation. It is not one of legality as much as what you are willing to tolerate while waiting on the transfer. Unless there is an employment contract involved which gives you rights that are not know in this question. you are going to have to wait.

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