David Fallon

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.

Brooklyn Law School

J.D. (2011)

2008 - 2011

University of Rochester

B.A. (2008) | Political Science

2004 - 2008

Attorney

Law Offices of David A. Fallon

2019 - Current

Attorney

Tully Rinckey PLLC

2012 - 2019

Legal Intern

MFY Legal Services

2010 - 2010

Research Assistant

Brooklyn Law School

2009 - 2010

Legal Intern

Innocence Project

2009 - 2009

Sharply split Supreme Court decision could affect millions of public sector employees

Tully Rinckey PLLC

July 13, 2018

Second Circuit Ruling Opens the Federal Courthouse to Sexual Orientation Discrimination Claims

Tully Rinckey PLLC

March 16, 2018

Rising Star

Superlawyers

2020

Rising Star

Superlawyers

2019

Rising Star

Superlawyers

2018

Rising Star

Superlawyers

2017

Rising Star

Superlawyers

2016

Northern District of New York Federal Court Bar Association

Member

2018 - Current

New York State Bar Association Labor and Employment Section

Member

2017 - Current

National Employment Lawyers Association/New York

Member

2016 - Current

State Bar of New York

Member

2012 - Current

New York

Since 2012

• Credit Cards Accepted

• Federal Employment Law
• Whistleblower Representation

Q. As a federal employee, are Kalkines and Garritty violations grounds for Federal Tort Claims Act based legal action ?

September 12, 2024

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. ... Read More

Q. I am vital postal employee. I have used up my sick leave and holiday pay for my husbands cancer.

June 16, 2020

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?

June 16, 2020

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!