David Fallon

David Fallon

Law Offices of David A. Fallon
  • Employment Law, Appeals & Appellate, Arbitration & Mediation ...
  • New York
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Biography

David focuses his practice on federal and private sector employment litigation, as well as landlord / tenant law, civil litigation, and appeals.

David has a strong record of success representing his clients in court and before federal and state administrative agencies. He understands that no two cases are exactly alike, and he works with his clients to try and achieve the best possible result based on the unique facts of their case. David litigates aggressively on behalf of his clients, while always taking the client’s own tolerance for risk into account in determining the appropriate litigation strategy.

Education
Brooklyn Law School
J.D. (2011)
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University of Rochester
B.A. (2008) | Political Science
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Professional Experience
Attorney
Law Offices of David A. Fallon
- Current
Attorney
Tully Rinckey PLLC
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Legal Intern
MFY Legal Services
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Research Assistant
Brooklyn Law School
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Legal Intern
Innocence Project
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Awards
Rising Star
Superlawyers
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Superlawyers
Professional Associations
Northern District of New York Federal Court Bar Association
Member
- Current
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New York State Bar Association Labor and Employment Section
Member
- Current
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National Employment Lawyers Association/New York
Member
- Current
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State Bar of New York
Member
- Current
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Jurisdictions Admitted to Practice
New York
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Fees
  • Credit Cards Accepted
Practice Areas
Employment Law
Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
Appeals & Appellate
Civil Appeals, Federal Appeals
Arbitration & Mediation
Business - Arbitration/Mediation, Consumer - Arbitration/Mediation, Family - Arbitration/Mediation
Landlord Tenant
Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
Civil Rights
Americans with Disabilities Act (ADA), Discrimination, Employment, Fair Housing, Police Misconduct, Privacy Law
Additional Practice Areas
  • Federal Employment Law
  • Whistleblower Representation
Languages
  • English: Spoken, Written
Legal Answers
Q. As a federal employee, are Kalkines and Garritty violations grounds for Federal Tort Claims Act based legal action ?
A: Dear federal employee:

I'm sorry to hear you went through this situation. Unfortunately, I don't think an attorney will be able to give you a definitive answer based upon the information you've provided. You ask if "Kalkines" and "Garrity" violations are grounds for a legal claim (you state FTCA claim - but I assume you mean any sort of legal claim). Garrity warnings generally advise the subjects of an investigation of their potential criminal and administrative liability if they choose to make a statement, but further advise that they are not required to provide a statement. Kalkines warnings are basically the opposite, insofar as they advise a federal employee that they may face administration action (up to and including termination) if they fail to provide a statement, but that they have criminal immunity for any such statement.

In the facts that you provide, you indicate that you were advised not to participate in an interview, and therafter were cleared of any wrongdoing. Accordingly, it's not clear how any of your rights under Kalkines or Garrity were violated (more facts might flesh this out more). It's possible you may have a claim (not necessarily under the FTCA), but on the facts presented it isn't clear how Kalkines or Garrity rights were violated. Under certain circumstances, the initiation of a baseless investigation against a federal employee can give rise to certain claims, but that really depends upon the facts of the case, the motivations of the individual who initiated the investigation, and other factors that aren't present in the limited facts you provide. Assuming for the sake of argument that you do have a claim, the next question would be: is it worth your time and resources to pursue it? A non-exhastive list of considerations would be: 1) were you detailed out of your position during the investigation; 2) did you suffer emotional distress and/or seek medical / mental health assistance during the pendency of the investigation due to such distress; 3) did you suffer any loss in pay or benefits as a result of the investigation; 4) did you suffer any harm to your reputation due to the investigation; 5) do you hold a security clearance and could the investigation impact any clearance you hold? 6) does the fact of the investigation have the potential to harm your upward mobility in the federal civil service system and if any records of the investigation are present in your personnel records, would a claim have the potential to purge any documents relating to the investigation from your personnel records?

Finally as a disclaimer, nothing in this response should be considered legal advice specific to your situation, nor should it be relied upon by you in any way. If you are contemplating legal action or seeking legal guidance, you should have an in-depth consultation with an attorney who can get the facts necessary to evaluate your claim. As deadlines in legal matters are often important, and can be critically short for federal employees, if you do decide to consult with an attorney you should do so without delay.
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Q. I am vital postal employee. I have used up my sick leave and holiday pay for my husbands cancer.
A: If you are still looking for assistance it is my opinion that you would strongly benefit from speaking with an attorney who focuses on federal sector employment law to go over your case in detail. It is likely that as a postal service employee you do have additional protections related to expanded COVID-19 leave protections than many other federal employees (Title 5 employees). Specifically, unlike Title 5 employees, you may be covered by the Expanded Family and Medical Leave Provisions Enacted in Division C of the Families First Coronavirus Response Act (FFCRA). Best of luck!
Q. Can I file a suit for personal injury against the Federal government?
A: It is also possible you could have a valid EEO claim and you may be able to seek damages for pain and suffering (compensatory damages). I would speak with an attorney who represents federal employees to discuss your options. Best of luck!
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Websites & Blogs
Website
Law Offices of David A. Fallon
Contact & Map
Law Offices of David A. Fallon
1525 Western Ave.
Albany, NY 12203
Telephone: (518) 918-6102