Radio Recap: Sexual Harassment Protection + Caller Questions and More

Sal Ferlazzo and Ryan Mullahy, two partners at Girvin & Ferlazzo, get together in the studio for this “Thank Your Lawyers” episode. In the spirit of showing gratitude, Sal discusses the true scope of Pro Bono  – essentially “free”  – services that law firms offer. Sal also takes the time to thank William “Bill” Toomey, a local estate attorney, for the guidance he has provided over the years, not just to Sal but to the entire Albany community.

Listen for yourself below.

While Sal specializes in personal injury law and Ryan focuses on municipal and education law practice, both partners use their general legal expertise to answer and redirect caller questions. Without a special guest on this episode, the lawyers take legal questions from the Albany community and thus discuss relevant issues such as sexual harassment protection, the purpose behind personal injury law, and even Black Friday shopping trends.

Sexual Harassment and Contracted Employees

The episode’s first call comes from Liz, who asks a very timely question about whether a company that uses outside contractors can be legally liable for the actions of those contractors. She gives a scenario: say a person owns a painting company, and they hire outside contractors to paint houses. One customer who has her house painted by this company complains, saying that the contractors were inappropriate and harassing. Liz wonders, since these are outside contractors, if the company can be sued for this outside contractor behavior or if they are legally not responsible?

Sal takes the lead on this question and suggests that the painting company owner needs to be careful in this situation, especially if they were notified about the inappropriate behavior. While technically liability does not flow directly back to the owner for independent contractors, it could be interpreted as negligence if the owner knows what happened and does not take any action. In this vein, Sal suggests that the company owner could carry liability insurance on contractors and have a comprehensive sexual harassment policy in place.

An important question, Ryan states, is how do employers protect themselves? While of course employee well-being and safety matters, it is up to the employer to take the appropriate legal steps to protect their employees. Girvin & Ferlazzo offers sexual harassment training for businesses, municipalities, and school districts for this reason, and suggests that businesses pursue this opportunity annually. Especially given the national discourse on sexual harassment and accountability, Liz’s question raises a practical concern about which businesses in the Albany area should be aware.

Why does personal injury law exist in the first place?

Between callers, Sal explains why personal injury law even exists, and why it is important to file suits if there is a potential wrongdoing. USal contends that personal injury law and lawsuits discourage people from doing what is considered unsafe and unsmart. When someone is injured, they cannot go to school, work, take care of children, or continue with aspects of daily life; as such, personal injury law is a protection against people ending up in these uncomfortable situations.

How political does municipal and education law get?

Ryan’s legal focus is on municipal law, which involves providing legal counsel to public entities such as school districts. Girvin & Ferlazzo has been involved in Albany public education for years, and Ryan mentions that a difficult part of the job is having to reintroduce themselves and get used to new school boards and leadership. As such, the law firm tries to be a steady rock in a more transient environment. Ultimately, the team of education lawyers guides administrations to stay within the confines of the law, similarly to helping a new driver stay within the yellow lines on a road.

How do people hear about Girvin & Ferlazzo?

On the subject of Cyber Monday and online shopping, the hosts reveal that a high percentage of Girvin & Ferlazzo clients find out about the firm from the web. Because the firm specializes in personal injury law. Commercial work, and education law, small businesses, corporations, and schools make up most of the firm’s client base. Sal and Ryan mention that there is a really strong legal community in Albany, and that Girvin & Ferlazzo creates its success first from a positive internal culture.  

This summary rounds out this week’s episode of the Girvin & Ferlazzo Radio Show on Talk 1300. On Saturday, tune in for free legal counsel and to learn more about the Girvin & Ferlazzo law firm.