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Questions Answered by David Fallon
1 Answer | Asked in Employment Law and Personal Injury for New York on
Q: As a federal employee, are Kalkines and Garritty violations grounds for Federal Tort Claims Act based legal action ?

After being threatened by my supervisor with termination (administrative actions), I was then summoned for an interview with federal investigators for questioning regarding an incident in the workplace. I was advised by a representative not to show up for said interview. After a lengthy... View More

David Fallon
David Fallon
answered on Sep 12, 2024

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...
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1 Answer | Asked in Employment Law for Idaho on
Q: I am vital postal employee. I have used up my sick leave and holiday pay for my husbands cancer.

I have been going through Tests for an up coming serious disk surgery that will use up the balance of my sick leave - holiday pay. I have been through hell to get to this point now I am experiencing covid symptoms. We have had 2 active cases in my office. The fear of having covid is keeping me from... View More

David Fallon
David Fallon
answered on Jun 16, 2020

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... View More

1 Answer | Asked in Employment Law for Idaho on
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

Leave pay. I have covid symptoms. People in my office have tested positive. I am scared I have it also but wonder if I have to use my intended sick leave for covid 19 quarantine . I really NEED the surgery .. and that is what is keeping me from testing for positive/negative test. Is there a federal... View More

David Fallon
David Fallon
answered on Jun 16, 2020

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.

2 Answers | Asked in Employment Discrimination for Florida on
Q: can a former DOD federal employee who filed a harassment/discriminate continue with a case after a disability retire?

an EEO officer called me and said i should fill out a withdraw complaint. since i am already medically retired out. But i feel that my former supervisor like to keep me in the hot parking lot instead of the office or warehouse where my prescribe medicine could work on me. eventually i just... View More

David Fallon
David Fallon
answered on Jun 16, 2020

You can still pursue your EEO Complaint. While the disability retirement may impact a claim to lost wages, you could still seek damages for "pain and suffering" caused by the potential discriminatory conduct of your employing executive Agency. Talk to an attorney who focuses on... View More

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Q: Can I file a suit for personal injury against the Federal government?

I have been harassed by my immediate supervisor for 4 years, I have been to management, Human Resources, union and have even filed an EEO case to no avail. I finally broke and went to a doctor who diagnosed me with severe depression and anxiety and stated I should have no contact with this... View More

David Fallon
David Fallon
answered on Jun 16, 2020

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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2 Answers | Asked in Employment Discrimination for Maryland on
Q: I am looking for resources with assembling my motion for summary judgment in an discrimination EEO case.

Free software or a template because I am self represented

David Fallon
David Fallon
answered on Apr 22, 2020

The resources you are looking for will depend on what forum the summary judgment motion (or opposition) will be filed in. Are you in Federal Court? State Court? The EEOC (if a federal employee)? It would be worthwhile to consult an attorney to see if they might be wiling to take on the case.... View More

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