KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on issue with terminating employee 
May 6, 2024
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Comment on issue with terminating employee from April 26, 2024 article
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Ken
          If the employee gave two week notice the employer doesn’t have to let him come back for that time but should pay him.  As you indicated, a lot cleaner and I also think legally obligated to do so.  (from experience)
Robert Kleinman,Esq
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Response
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          That’s a good guess; maybe good bet.  You don’t have enough information to be sure, however.  For example, you don’t know if an Employment Agreement, collective bargaining agreement or Employee Handbook addresses the issue and provides for specific handling.  Some employees may perform services that are so essential that an employer cannot permit an employee to not work, or perhaps work when clearly disgruntled or one foot out the door. On the other hand, some employees, even those leaving, may be offended if told they should leave on the spot rather than stay the 2 weeks they offered in their resignation.  That final “offense” may be a deciding factor whether this employee pursues some claim, legitimate or otherwise, or unlawful discrimination or hostile work environment. 
          This, unfortunately [if you’re an employer] is quite complicated.  You are wise to rely on competent legal counsel; a lawyer who knows about Employment Law.  Fortunately for you, you do have access to such lawyers at K&K.  You can also have an even closer relationship by joining the Concierge Program, which just added Employment Law to its Concierge Client benefits; free initial consult and free time every month for Employment Law questions and issues.  It’s not just the “free” time that makes this worthwhile.  It’s knowing you have access to answers that you need, when you need the answer; answers you can rely on.  You won’t realize how important this relationship and advantage is until you need it, or worse, wish, after the problem hits you, that you had heeded this advice.  You definitely need the relationship and legal advice for your alarm industry business, may as well also have the employment issues covered too. 
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com