March 22, 2012

 

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Comment on death of subscriber

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Hi Ken;

Why do people get so freaked out over the issue of death? We will all get there someday. Common sense would dictate that most debts would die with their owner, provided there was no assets to pay them off. In this business though, it is a little different in that we offer products to the elderly, and just because they pass away, does not mean that we should take it on the chin. Obviously, I'm talking about a leased system. If I sell a security system to anyone, and they die sometime during the contract period for monitoring, I would consider that contract null and void at the end of the time period that the subscriber paid for. I have most of my subscribers pay for monitoring a year in advance. Yet I have had customers pass away, and their heirs would contact me to have me rebate them the unused portion of the monitoring period. If they had just paid the bill, I would certainly rebate a good portion of it. I got a call from a dead subscriber's daughter who wanted me to rebate the last six weeks of a contract period. I consider myself to be very compassionate, but some people only see dollar signs when a parent dies. I try to strike a balance.

John from NJ

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Follow up on employment contract

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Ken,

As a lawyer, please answer a question from a layman with a strong interest in Constitutional Law. Can an employer fire an employee for violating provisions of a contract prohibiting disparaging remarks on social media websites? Wouldn't that be a violation of the employee's First Amendment rights? I can see why this could be a sticky issue. As a member of the public, I would probably put more weight to an employees comments than a customers, I would figure the employee had "inside knowledge". It seems that would put them in some sort of "privileged" position and somewhat restrict the free speech thing. How would that work?

Thanks for your columns, they make interesting reading every day.

SB

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Response

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I confess I did not research this issue before posting the article and adding a non disparaging remarks in the Employment Contract. Disparaging remarks mean negative remarks, but not necessarily untrue. So can an employee make any comment about the employer as long as it's fair opinion or true?

Employees owe their employer a duty of loyalty. That is so basic to the employment relationship it creates an environment where employers will permit employees to access to information that the public may not be privy to. No employer would expect an employee to make remarks that would tend to have a negative impact on the employer's business. I think it is grounds for discharge, particularly when the employee has agreed in the Employment Contract not to make such remarks in social media forums. Any first amendment buffs out there who have different answer?

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Comment on missing out on new technology and RMR

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Ken;

There is no doubt that we all have become part of the "disposable" generation. Things are made with the idea of planned obsolescence. There is one big point that your answer missed when you spoke of fewer articles of value in a home, and it isn't technical at all. The one thing a burglar steals that no insurance company will write a check to replace, is "YOUR PEACE OF MIND." Being a retired police officer, I can tell you matter of factly that women who are burglary victims say that they feel like they were raped. And it takes a long time to get over that feeling. A properly installed security system allows a customer to leave their home or business, and return, knowing with near certainty, that no one has illegally entered their property. I say near certainty, because the only absolutes are death, taxes, and an out of control growing government in this country. And often during a burglary, it isn't the $10,000.00 ring that people are upset about, (anyone with a brain in their head would have a rider on their articles policy to cover it.) It's grandma's wedding ring that might be worth $100.00 in scrap gold weight. IT CAN'T BE REPLACED, as the sentimental value is PRICELESS. So whenever a potential customer says: "there is nothing in this house to steal," I laugh and then tell what I typed above. The value of PEACE OF MIND never changes.

John from NJ

 

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Comment on Florida license

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Ken,

Every employee who has access to the customers premise to sell service etc must have a FASA (Fire Alarm System Agent) and/or BASA (Burglar Alarm System Agent) card which includes a background check. They can only get one if they are a W-2 “Employee” of a licensed alarm or unlimited electrical contractor. Standard fine is $500 misdemeanor ticket to the salesman and a disciplinary case and payroll audit for the contractor. NOTE, There are NO individual 1099 alarm or electrical employees allowed in Florida, it is a violation of the workers comp statutes for construction. Simply stated, if you are a subcontractor salesperson being paid on a 1099 then you need a contractors license and workers comp, to do that subcontracting work and send a bill to the contractor you are contracting with. Gosh you lawyers sure have a way with words!!! Given this scenario, the salesman who is selling as an independent (1099) contractor can be charged with unlicensed contracting but would likely just get the $500 ticket. The contractor who sent him out will get fined depending on how many improperly licensed sales folks he had as well as previous history of compliance.

Hope this helps,

Mike Fletcher

 

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