KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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employee's personal transaction with customer accepting a gun
August 28, 2025
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employee's personal transaction with customer accepting a gun
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Ken:
    We just had a service inspection tech resign. A day after he left employment an e-mail thread came thru to his work e-mail from a customer about completing an FFL transfer of a shotgun. The customer had given a shotgun they did not want in the home anymore to the tech, only stipulation was to complete an FFL transfer into the tech’s name. Despite repeated attempts to meet at a local gun shop to effect the transfer, it had not happened in 3 months. Customer was asking for the return of the shotgun.
    Several issues and moving parts here but my question is, should we have a policy in our handbook about employees conducting business with clients or is that covered by general “code of conduct” language? Specifically in this situation – do we take any action or do we let it play out between the customer and now former employee?
name withheld
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Response
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    You should be a Concierge Client entitled to a free 15 minutes each month for employment law issues and a quick response to an email inquiry, rather than waiting to find out the response on this forum.
    Even a handbook can't anticipate every scenario that can arise with employees.  Certainly private business or encouraging any personal relationship should be discouraged or prohibited, and that should be in the handbook.
    Regarding this specific matter I suggest you notify the customer that this matter has just come to your attention, that the employee was not authorized to accept any gifts, and certainly not a gun, that the gun was not disclosed to you [the employer], that the employee no longer works for the company, that you have no knowledge of the gun and that you advise the customer to notify the local police department immediately that the gun was delivered to the ex-employee.
     Join the Concierge Program and get your handbook updated.
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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