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.

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, Consumer Arbitration, Family Arbitration

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

• Federal Employment Law
• Whistleblower Representation

• Credit Cards Accepted

New York

Since 2012

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

Brooklyn Law School

J.D. (2011)

2008 - 2011

University of Rochester

B.A. (2008) | Political Science

2004 - 2008

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

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

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. I work for federal. I am vital. I have waited a very long time to get upcoming surgery that will need my existing sick

June 16, 2020

A: More information is needed to answer this question. Are you stating that you work for the federal government? If so, I would contact a lawyer that represents federal employees to go over your situation in greater detail. Many offer free consultations. 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!