KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Employment contract / Anyone having trouble with Honeywell motion sensors / More on video products from China
April 24, 2020
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Employment contract
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Ken
            Do you offer an employment contact? If so a discussion on this subject may be timely. Dealers are offering employees help during this down period, accounts retention is critical and more time is available for administration personnel to execute. Actually anytime is the right time to implement this critical document. We had our office cleaning people sign one. Employees should understand your motives are to protect company assets thus protecting everyone's job. 
            This type of attention to sound business practices is important to a buyer or to industry lenders like Alarm Financial Services.    Thanks again for your webinars. Extremely beneficial.             
Jim Wooster Sr. 
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Response
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            We do offer a Standard Employment Agreement which we do customize state by state on certain issues.  Now is a great time to get your employees to sign an Employment Agreement.  It's also a great time to reach out to your existing subscribers and offer a survey or inspection of their systems, offer new technology and update their contract [update yours too if you need to].  
            Every employee should sign an Employment Agreement.
​            Now may be an appropriate time to get or update a company Handbook.  Coronavirus issues have changed how we are going to conduct business, internally and outside the office.  New rules are appropriate.  What may have been acceptable and quite normal custom and practice can all of a sudden by taboo and prohibited conduct.  Do we really need to include that a tobacco spitoon is not to be left in the aisle next to your desk, or bringing stewed bats for lunch is frowned upon?  Probably not, but reporting illness and social distancing may not be going away any time soon.  Violation of new social policies may be grounds for severe punishment or even immediate discharge for cause.  These are policies that you have to set as the employer and they need to be clearly specified and acknowledged by your employees.  These kind of provisions belong in the company handbook, not the Employment Contract.  When you get the Handbook from us we send the Standard Form and then consult with you for changes to  add your specific issues for your company.
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Anyone having trouble with Honeywell motion sensors
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Ken,
            I was wondering if you’d put a statement out through your newsletter asking if there are alarm companies out there that have had any troubles with Honeywell motion sensors not working that have been installed in the last 5 years?  We are now in our 3rd break in where I cannot ascertain why the motion did not work over the last year and a half and I’m wondering if it’s a bigger problem.  This latest one only wants the glass replacement cost under $500 which is not a huge deal and under our contractual limit of $1000 (and yes, I have a waiver for them to sign) but more worried about further problems and if a class action suit against Honeywell for past product not working is in the future...
            Name withheld please
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More on video products from China
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Ken,
            In response to Barry Levine / Sperry West / More cameras from China
            Barry says that he has strong long time relationships with Asians suppliers and asks if we would we like to pay 40% more for equipment by not using China made cameras.  Well Barry, It's good for all your customers to know how friendly you are with China.  If you weren't buying those cameras from China in the first place and were buying US made equipment there'd be more competition in the US to make less expensive cameras. We've been subsidizing China for years and taxing our own industries so how and WHY would you expect US manufacturers to compete with that?
            History should have taught you that capitalism beats communism every time, so in the long run it's wise to not support it.  On the other hand with some people history only teaches them that they never learn anything from history.  PSSSST (whisper) Hey Barry. China ain't our friend. Got it?
Gene Founder and CEO 
Reliable Alarm
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Response
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            This is not the forum for politics and the issue should be product availability, pricing and quality.  Foreign countries, China at the forefront, didn't infiltrate the manufacturing alarm and other electronic industry overnight.  Apparently the products were cheaper, quality sufficient and availability adequate.  That may change.  I agree we are better off with a strong manufacturing base here in the US, and electronics, including alarm and security products, should be made here; these are essential products and need for security is only going to increase not decrease.  
            But as long as consumers demand cheaper products the US manufacturing industry is going to find competing against foreign manufacturers challenging.  New policies on tariffs and changing values and mores will also influence future product supply, and we will have to wait and see how that develops.
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Reaching K&K during the lockdown
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     During this crisis the most efficient way to reach our attorneys is via email.  You can also call and if not picked up, leave a message and your call will be returned promptly.
    Here are a few departments to contact directly:
alarm / security / pers / fire department:  Ken - Ken@Kirschenbaumesq.com or call and leave a message with return number at 516 747 6700 x 301
health care professionals:  Jennifer Kirschenbaum,Esq 516 747 6700 x 302; jennifer@kirschenbaumesq.com
Alarm contracts:
  Eileen Wagda 516 747 6700 x 312​
Alarm licensing:  Alison Gallup,Esq 516 747 6700 x 317  AGallup@Kirschenbaumesq.com; or Eileen Wagda, Licensing Administrator, 516 747 6700 x 312  EWagda@Kirschenbaumesq.com
Employment issues:  Kieran Bastible 516 747 6700 x 315  kbastible@kirschenbaumesq.com; or Jennifer Kirschenbaum,Esq
Concierge Alarm Clients have full access through our Concierge Program Coordinator, Stacy Spector, Esq  516 747 6700 x 304 or SSpector@Kirschenbaumesq.com 
Collections:  [courts are shut down at this time, so don't expect much progress.  We will however continue to prepare papers on our end so that we will be ready when the courts normalize]  Kathleen Lampert  516 747 6700 x 319  KLampert@Kirschenbaumesq.com
Pending litigation:  Caroline Wallet,Esq  CWallett@Kirschenbaumesq.com  516 747 6700 x 305 and Maureen Biel,Esq 516 747 6700 x 303  MBeil@Kirschenbaumesq,com
Bankruptcy and debt collection issues:  Steve Sheinwald,Esq  516 747 6700 x 309 SSheinwald@Kirschenbaumesq.com or Scott Dillon,Esq  516 747 6700 x 318

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To order up to date Standard Form Alarm /  Security / Fire and related Agreements, click here:  www.alarmcontracts.com
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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.
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NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
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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