KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on Issue with terminating employee / new benefit for Concierge Client Members – join today
May 3, 2024
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Comment on Issue with terminating employee from article on April 26, 2024
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Ken
          In our increasingly litigious society the threat of a lawsuit hangs over every business transaction, large or small. Even employers who adhere to the letter of the law at all times are likely be sued by an aggrieved employee or customer at some point. While many suits are groundless, defending against them is costly and time consuming.  Attorneys are not cheap!
If you carry employment practices liability insurance (EPLI), your business has a measure of protection against lawsuits from current, prospective or former employees who allege “wrongful acts” such as discrimination, sexual harassment or wrongful termination. This is a separate policy above and beyond your general or professional liability policies. 
If you are concerned about a customer, supplier or vendor suing you for discrimination or harassment, then the Standard EPLI policies will not cover you.  That’s where third-party EPLI comes in.
          Third-party EPLI fills this gap between EPLI and CGL, and offers protection against allegations of wrongful acts made by customers, clients, vendors and suppliers. In general, covered claims include the following:
          Discrimination based on the following:
Race
Religion
Sex
Age
National origin
Disability
Pregnancy
Sexual orientation
          The following forms of harassment:
Unwanted sexual advances
Unwanted requests for sexual favors
Other verbal or physical actions that create a hostile or offensive work environment
          Third-party EPLI is vital for businesses that deal with customers on a daily basis. However, even if your firm doesn’t have a lot of interaction with the general public, you may still benefit from third-party EPLI coverage if your operations involve clients, suppliers or vendors. To learn more about EPLI and third-party EPLI coverage and contact The Insurance Center team.
 Shawn Iverson, CIC
The Insurance Center        
Ogden, UT 84404
801-622-2626 ph/fax/text
www.AlarmInsuranceCenter.com
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Response
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          Think about how you interact with your employees and how they interact with each other.  Consider your hiring practices.  Ask yourself whether you’ve sought legal advice on employment matters – not from your bookkeeper, your office manager, your insurance broker, your buddies, cousin the Vinnie the lawyer – but someone who specializes in Employment Law, someone who practices Employment Law compliance, oversight and litigation in administrative hearings and court – in other words, a lawyer who knows what they are talking about. 
          Most of you are smart enough and careful enough to seek proper legal counsel related to your alarm industry specific issues, and you know just where to get the right answers.  Don’t think employment law is any less essential to your business, any less complicated or any less an area of expertise in the legal arena.  The resources of K&K are available to you; be smart and take advantage of this resource. 
          As an additional service covered by the Concierge Program K&K will provide Concierge Clients with a FREE Introductory Employment Law Consultation, up to half hour, and a FREE 15 minute consultation each month for Employment Law questions and issues.  This adds value to the Concierge Program of potentially a credit for Employment Law consultations of $1750 per year.  Good deal since the Concierge Program only costs $145 a month or $1595 annually.
          To join the Concierge Program contact Concierge Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com or sign up at https://www.kirschenbaumesq.com/page/concierge
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STANDARD FORMS  Alarm /  Security / Fire and related Agreements
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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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