KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Competitor poaching your employees / webinar registration - Miami building collapse case July 20, 2022 *********************** Announcing webinar on the Miami building collapse case presented by the fire alarm expert who installed and serviced the fire alarm and evac system. If you do fire alarms you don’t want to miss this webinar. Register today. ********* Webinar:Champlain Towers South building collapse / alarm and security issues When: July 26, 2022 12PM ET Topic: Hear from the fire alarm expert who serviced the fire alarm system and was intimately involved in the litigation involving Securitas Security. Some information that you should be aware of before the presentation: Florida requires a voice evacuation system that provides speakers in every apartment so there can be floor by floor or building wide communication to evacuate. This fire alarm system had that system and it was working. Securitas provided security guards stationed at the building. When the first fire alarm signal came into the security desk the guard did not determine the cause of the fire alarm or the zone, and did not utilize the evacuation system to alert residents. Securitas has settled the Plaintiffs case paying over half of the almost one billion dollar settlement. Presented by: Matt Haiman, Premier Alarm Systems – the fire alarm company for Champlain Towers South. There will be ample opportunity for Q&A. Hosted by: Ken Kirschenbaum,Esq Who should attend: Alarm owners installing and servicing fire alarm systems Register: https://attendee.gotowebinar.com/register/6851622525896222987 *********************** Competitor poaching your employees *********************** Ken, A competitor got one of my techs to quit without notice and go work for them. They targeted another employee who we managed to retain by giving a substantial wage increase. This competitor has another ex-employee who they poached a few years ago. Can I enforce my non-compete agreements? Is there anything else I can do? Name withheld ******************** Response ******************** The Standard Form Agreements have a provision that prohibits your subscribers from soliciting or employing your employees. There is a remedy provided and you can enforce it. The Standard Employment Agreement also has provisions that prohibit your employee from soliciting other employees to leave, using your confidential and proprietary business data to compete against you and in some cases accept employment with a local competitor after leaving your employee. Generally, you can enforce these provisions. Your competitor however is not under any contract with you and may freely compete. You are not without remedy however. A competitor who knows your employees are under contract with you and induces a breach of the employment contract may be held liable for your damages. This is not an easy case to bring or win and you should expect significant legal cost in bringing such action. Better compensation package may be the better option to retain employees. *********************** To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
