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Follow up on subscribers contacting your techs directly from October 8, 2013 article 

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Ken

    I agree completely. A full non-solicitation will bar any relationship between the tech and customers, vendors, or any other relationships arising out of the employment relationship. In all likelihood it was the tech who reached out. That can be addressed in a non-solicitation memo signed by the company and the employee or as part of a company handbook.  

Judge Ruth Kraft, Chair, Employment and Labor Department

Kirschenbaum & Kirschenbaum PC

516 747 6700 x 326

RKraft@Kirschenbaumesq.com

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Ken:  

    Good counsel for many reasons. 

Brian

Alarm Specialists, Inc

Freeport, NY

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Ken,

    We offer great customer service to our clients – part of that great service is our technicians calling ahead prior to their arrival.  Almost ALWAYS when a customer calls the technician directly about a problem it is due to them grabbing their cell numbers from the caller id when they “call ahead” .

    Our techs inform the customer that ALL requests must go through the service department and they must originate from the subscriber.  This prevents our techs from forgetting to schedule the service call and providing a single point of responsibility.  Even though it contradicts our “great customer service” philosophy, We feel it’s a better balance for overall customer service (and of course limiting our liability). 

    Additionally if it is after hours & the techs are communicating with customers – I believe it could open the employer up to owing the hourly service techs additional pay ?

    PS – Even though my paper costs have risen quite a bit, your contracts have ABSOLUTELY increased our monthly revenue via the menu style options they provide.

Thanks –

Steve Bauer

Conectsys

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Response

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    In my response in the Oct 8 2013 article I mentioned that the Standard Form Contracts all have non solicitation provisions that prevent subscribers soliciting your employees for work or employing them. That's on the subscriber side.      I neglected to mention that the Standard Employment Agreement contains provisions preventing your employee from competing against you; in fact it requires that your employee work only for you and not engage in any other work activity, especially alarm industry related.  All of your employees should sign the Employment Contract.  Your independent salesmen should sign the Independent Sales Affiliate Agreement.

    Restrictive covenants do have certain constaints, and these provisions can also be prohibited by statute in your jurisdiction.  However, I do not believe any statute prohibits or restricts the enforcement of a restrictive covenant that applies during your relationship with either an employee or independent contractor.  Their remedy if they don't want to adhere to the restrictions is to find other relationships.  

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More on Texas fire alarms

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Ken

    Regarding John from NJ's comment that "..security systems can't prevent a burglary.  They can only help to limit the amount of the loss”.

    That is a dangerous and incorrect statement. Something I would never say to a client. A “burglar alarm” or intrusion detections system only helps to reduce certain risks. It will not limit the amount of loss in all cases, and may not even detect an intruder in some cases. Telling a customer that we will limit their loss is not something that I would choose to say, unless I was in the insurance business. We are in the business of detecting and reporting abnormal activity whether by alarm systems, video, or access control. We (or at least I) do not guarantee to limit any amount of loss, though the system may limit the risk of a loss in some or most cases.

Mitch Cohen

Bric Security

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Response

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    Alarms are intended to reduce certain risks of loss, though there can be no guarantee that no loss will occur.  Let your contracts do your talking.  They are worded very carefully.

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Webinars

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December 4, 2013   12 noon EST

 Register here: https://attendee.gotowebinar.com/register/4919260455763006721

     Title:  10 Things Residential Security Alarm Companies should consider BEFORE entering the world of Commercial Engineered System Fire Alarms

     Presented by:  Bob Williams, President of Briscoe Protective Systems and his Management Team. 

Briscoe Protective Systems has been in the industry for 35 Years and has made the transition from a Residential Alarm Company in the late 70’s to a Engineered System Fire and Security Company that is an SDM Top 100 Company. Find us on the web at www.BriscoeProtective.com or on LinkedIn under Companies, Facebook and Twitter@BriscoeProSys 

      Description:  There is a big difference between installing Residential Fire Systems and Commercial Engineered Fire Systems and there are “Key Factors” that Security Company’s should consider before attempting to go into this lucrative but challenging market.

      Who should attend:  Alarm company owners and fire techs.  

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