KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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How to cancel ex-employee's monitoring
August 5, 2021
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How to cancel ex-employee's monitoring
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We have a former employee monitored. This employee was arrested on property for stealing and subsequently fired. The decision to terminate their monitoring was delayed to not convolute the criminal matter. We are at the point now that we would like to no longer associate with this employee and want to ensure we are following all legal procedures for termination. Having said that, they signed up on our previous agreement (ie not the Kirschenbaum all-in-one). Do you have a recommendation on how to proceed? Since it is not your contract, do you need to see it? If so, I can scan and forward.
Thanks in advance,
Anonymous
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Response
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Do I need to see the contract? No, but you may need me to see the contract if you expect legal advice.
My recommendation? Run Forest, Run.
In all seriousness, why are you still monitoring a former employee's account, for free I assume [which may account for why you want free legal advice now]. A few things to remember when monitoring an employee's account:
* get a contract signed, before you install and begin monitoring or any other services
* you don't have to charge, though I recommend that the contract state that there is no charge while the employee remains employed
* provide for a charge if employment terminates
* provide that all services terminate if employment terminates
Charging or terminating or alternative options and you can provide for both at your option.
Now you will have to review the contract your ex-employee signed. Check the term; it may be up. Check for termination options. Check if there is an insurance procurement requirement which has not been complied with and which will be the basis of terminating the contract. Check to see if you have the right to increase charges.
Yes it's possible that you locked yourself into a lifetime alarm contract and would be liable if the ex-employee had to replace you with another alarm monitoring service. The damages are what he pays the new company less what he agreed to pay you; you won't like that.
You should have an Employment Agreement with every one of your employees. You could have mentioned the free alarm services in that agreement, though you should require an alarm contract to be signed, the Residential All in One. Be mindful that if your ex-employee, or even a current employee, suffers an insured loss it's going to be the insurance company coming after you, not your customer. That applies to all customers; their insurance company is not related to you and not your friend.
Next time you pick up a pen to sign a contract think of me, and ask " Since it is not your contract, do you need to see it? If so, I can scan and forward."
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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
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