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Dumping Your Subscriber
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Ken,
Thanks again for your work with us alarm guys.
I have a customer that I have had it with. He has been with me on your contract since 2007. (old one) It just renewed for one year June 1st, 2014. This system is a large system with partitions 2 panels, outdoor beams, gates etc.
It’s been installed a while and does require some maintenance. I’ve always had to fight to get paid for service, I’ve done many n/c service calls over the years or accepted partial payment. After a recent lightning strike, where we replaced the board and several other things I billed $540.00. He called and chewed me out about my guys standing around, two being there when only one was needed etc.
I had enough, I got back in his face. Professionally. No verbal abuse or anything just a firm, this is the way it is going to be going forward. I told him if he wasn’t happy don’t pay the bill or pay as much of it as he wanted. (he paid $172.00) I informed him that going forward when we come to his place we expect to be paid, that there would be no more free or discounted service calls (By the way I have him service my boats and I have spent thousands with him.)
A week later a beam went bad, we gave him a quote to replace it, of course he didn’t like it. He wanted our installer code so he could fix it himself, I didn’t give it to but reprogrammed it to factory for him.
We received an email from him, Friday Aug 29th, stating that he had one of his customers that was in the alarm business, look at it and it wasn’t the beam, as well as all the stuff we have been doing wrong, the programming wasn’t right, etc.
He finished his email with “moving forward we will be partnering with another security company” so I cancelled his monitoring, cut him a refund check for the month of September less an outstanding service call charge. I was glad to be rid of him. I sent him an email informing him that we had done it. He immediately responded back via email that he didn’t want it cancelled yet that he wasn’t ready. So we reinstated the monitoring and informed him (with in 30 minutes of first email) that we had restored it and he should test it to insure that it was communicating properly. That we would come do it or he should have his new company do it. We did not hear back from him. As best as we can tell our connection (alarm.com) is working properly.
I want to fire this customer, I want to send him a letter certified and end our relationship. I want to state to him that we are no longer accepting responsibility or liability for his system since “he” or some “third party” has been programming and working on the panel and we can’t verify that it is still working properly.
Any thoughts. Sorry it was so long
I would like to remain,
anonymous on this one, no telling what he might do
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Reponse
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Your residential contract from 2007 expired after 5 years and went month to month. You can dump your subscriber on 30 days notice for no reason at all. There are a few other provisions that you can rely on to sour a subscriber. Demand the insurance certificate the subscriber was supposed to get you naming you an additional insured; raise the monthly charge by 9%. Start charging for all of the service calls that aren't from ordinary wear and tear. Send the Disclaimer Notice and ask the subscriber to sign off acknowledging receipt.
Some people are just too difficult to deal with. Better off without them.
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Employee quits,
Ken,
This may be a question for Ruth Kraft.
Yesterday we had an employee walk in the office and turn in a resignation. No notice, no prior discussions that this person was unhappy. He states he felt he didn’t like the atmosphere here. This employee has been employed for 8 weeks, not long term.
My question is basically, If an employee leaves and doesn’t return company owned items that are/were assigned to them, can these be deducted from a final paycheck? Can willful damage to company property be deducted? Can a paycheck be held until the employee either pays or returns such items? I have been told that basically we are out of luck when trying to “collect” our “damages” for lack of a better word at this time. One for instance, we have a specific, written, no smoking policy inside our offices and company vehicles. This employee drove a fairly nice non smoking vehicle for these 8 weeks, when its returned it smells like an ashtray. Can the employee be back charged for the smoke removal in this vehicle. If not, could it be that our employee manual be written to state that in the event of these actions the employee will be charged for these issues prior to receiving their final check.
I know there are specific laws that apply to payment of employees, but I am getting tired of short or long term employees either failing to return tools, parts, equipment, or partially destroying the nice vehicles that we provide them. They are giving to them clean, sometimes new, these are also not the “typical” alarm company stripped white truck, these are $30-$50k , and we get them back filthy, trashed, smoke filled, etc.
If this is posted, anonymous please, thank you
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Response
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Here is what Judge Ruth Kraft has to say:
Easy, easy question. You can't withhold from the final paycheck whatsoever. That is called wage theft these days and it is a violation of state labor laws. If he didn't return expensive items assigned to him, such as a laptop, you could sue in small claims court and get a judgment which could be enforced against him.
If you rewrite your manual in an attempt to recoup $, you will be opening Pandora's box and, if the ex-employee complains to the state dept of labor as to your practices, such manual provisions will result in a huge fishing expedition to see what else you are doing.
I try to control the resignation process and want letters to state a specific reason. This makes it much more difficult for the employee to later claim another reason. Since he made a remark about not liking the environment, you have to hope that he doesn't tell the regulators or a lawyer that there was a hostile work environment or Title VII discrimination.
If you don't have a process re the tools of the trade, etc., I would be glad to explain some procedures you can put into place and also issues re vehicle usage. There are things you can do to protect your interests during the term of employment, at separation and thereafter. If these matters aren't isolated but involve many workers, then you need a better handbook and training. The NLRB is now imposing much more stringent standards on restrictions of collective action so, if you have a handbook that wasn't written in 2014, it is likely an albatross.
Judge Ruth Kraft
Administrative Law Judge, Retired
Chair, Labor and Employment Law Department
Kirschenbaum & Kirschenbaum, P.C.,
https://www.kirschenbaumesq.com/page/employment
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Speaking Engagements
If you would like to schedule a free live video/webinar presentation for your association meeting or event contact Eileen Wagda at 516 747 6700 x 312.
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Alarm Association of Greater St. Louis. September 16, 2014. at Tech Electronics HQs office at 6437 Manchester Ave, St. Louis, MO 63139. Meeting is from 11:45 – 1:30 Video conference presentation starting at 12:15 CST. For more information or to register contact Tony Drago adrago@tyco.com www.alarmstl.org
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NYSESA - September 17, 2014 at Honor's Haven Resort, Ellenville, NY. This is the NYS Electronic Security Assoc annual meeting. Presentation on updated contracts and current legal issues will be at 10:30 AM. For more information or reservations contact Dale R. Eller, Executive Director (814) 838-0301 dalereller@itzsolutions.com
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Texas Burglar and Fire Alarm Association. October 1 - 4, 2014, annual convention at San Luis Resort Spa & Conference Center, Galveston, TX. Register here: http://tbfaa.org/tbfaa-2014-convention-trade-show-attendee-registration/
For more info contact Debi at 281-859-4569. Brad Shipp, Executive Director
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Alabama Alarm Association. AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205 for more info contact AAA Executive Director: director@alabamaalarm.org (205) 933-9000
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