Comments on Getting equipment back from x employee /

Limitation of liability language in Fire Alarm contract /

Who owns the wiring / appearance, body piercing, policy and procedures

April 19, 2013



 Getting equipment back from x employee ( from April 8, 2013 article)

Ken

    I think the best idea would be to offer the exiting employee a bonus of something nominal at the exit interview like an extra $25 in starbucks card when he brings back the equipment.  Everyone wins.

Yours for better security,

Steve Sopkin

Mijac Alarm   

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Response - offer a reward to the thief?  I don't like this idea.

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who owns the wiring (from March 8, 2013 article)

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Ken

    One may claim ownership, but I think the law as to what constitutes a ‘Legal Fixture” ergo wiring would override a contract.  

Bruce Boyer

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Response

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    That is true if the item in question is indisputably a fixture, such as studs and sheet rock.  However, when the item is questionable, in a gray area, such as a detachable alarm component, or even wiring that is easily removable, the parties can by contract resolve the issue, at least as between themselves.  

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Limitation of liability language in Fire Alarm contract April 9, 2013

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Hi Ken:

    I keep reading about various contracts that even the company principals have trouble explaining to clients.  I have to say that in my many years in this business, I have only had one part of the contract that came into question. All of the limitations of liability, indemnity and similar clauses are simple to explain.

    We are not an insurance company.  We provide a system and service that is designed to reduce certain risks.

    Furthermore our prices are not related to the value of what is being protected.

    Our prices are only for the service we provide. Period.

    Why in the world would you, the subscriber, think that we should take on an insurance company role?

That's what insurance is for.  The only single clause clients have had issue with, is where the contract disclaims warranties of merchantability or fitness for a particular purpose.

    Client's attorneys had insisted that it be changed by adding, "except as stated herein" (I think they mean that the system should be fit for the purpose intended).

    These are the type of nuances when it's best to refer them to your own attorney for discussion.

    Thanks for your continued support and involvement in the industry 

Mitch Cohen

Bric Security

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Comments on appearance, body piercing, policy and procedures

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Hi Ken

    I am the owner of a small company and read your articles on a regular basis .  I see some of the topics on a regular basis in the industry 

    Appearance , Professionalism, Company Representative Image

    It is repulsive to see this in the food, sales, retail industry.  When I go into an office , Meet with a client , meet the front office staff . It is very important for the company to have a professional image or I get repulsed , disillusioned upfront , don’t want to do business with that company .

    With the current legal structure it is getting harder, harder to set up standards & expectations for personnel.

 Items which distract from your goals,objectives,attitudes :

Low cut Tops

Tattoo’s

Body Piercing

Clothes that look like they picked them up from the laundry or ground

Sloppy hair styles that look like they belong in a film ,( not in reality )

Hair Cuts that say take a trip on the wild side. Not conducive to culture

    When You approach them they become offended that you expect more and a higher standard .

    We have established in our company standards handbook a No Compromise Section which each person must agree to, sign, date and adhere to so we don’t have this kind of mess, listed above.  Because of the liberal nature of our society these type of things are making the public more & more non hire able and not conducive to public appearance.  Key is Agreements,Standards,Policy’s,Procedures that are consistent across the board.  Everyone is on the same standard. No Exception’s

    What s your take, as an attorney's view.

Social acceptance or Standards for Excellence

Christopher Freeman

Power Protection Plus

Calif

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Response

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    I think that employers have a right to set certain standards, including dress, grooming and issues such as tattoo's and piercings.  However the standards can't impinge on religious views and would more than likely have to be reasonable and of course evenly applied and enforced.  A company handbook, prepared by and approved by legal counsel who is expert in these issues is a good idea; you don't want to be sued for civil rights violations or violating specific statutes that prohibit employer restrictions in this area.  

    We plan on coming out with Standard Handbooks which our attorneys in our Employment and Labor Department will customize for you, adhering to state by state requirements.  This will be announced soon and if you're in a hurry you can contact Judge Ruth Kraft at 516 747 6700 x 329 [Ruth is on vacation for another week] or Jennifer Kirschenbaum, Esq at 516 747 6700 x 302