We had two employees leave to go to a competitor in our town. The other company sought them out and offered them a substantial package.  One of them signed a non-compete with us for a term of one year. The other, an administrative employee, did not sign a non-compete.  We have a large commercial account and a few others  that they are pursuing.  These two employees are pooling their talents to pursue our large customer, and their new employer already has a relationship with the customer doing work that we don't do.  They previously didn't do the security work we do, but are now getting into it.  
     We have firsthand knowledge that this is happening.  What are our legal rights in this situation?   Our tech employee was with us for many years and was very involved with this account, he did many of the burg/fire and CCTV installs as well as service on the accounts.  He has a lot of knowledge of the systems.  
    We would like information on the employee agreement you have to offer.
Thank you,
name withheld
    As far as the Employment Agreement we offer, better late than never.  If you had our Standard Employment Agreement I would know how to counsel you; the employees would not be permitted to solicit your account without risk.  
    If the x employees do not have any of your records and are not under any contractual restriction, they are free to compete and communicate with your customers.
    This should be a heads up to all of you.  Get your employees, all of them, to sign the Employment Agreement.  Asking about it after they have left and are competing isn't going to get you the answer you want to hear.
    Anon out did himself with the "ACRONYMS."
    As someone involved with aviation for many years (along with a commercial pilot certificate/CFI, Certified Flight Instructor) we are completely aware of the meanings of the words and ALWAYS put in the subject matter-one time to indicate what it is they are trying to communicate.  The acronym may be local or just not something we don't remember initially because it isn't something we see every day.
    Please, please just have the writer add the acronym once to refer to the organization!
Thank you.
Marty Winger
    Thank God for the human brain and thanks to the U.S. Constitution for the First Amendment and the FREEDOM of speech it provides.   As for Gene from Reliable Alarm and his comment that NBFAA or now ESA "hasn't done a thing for the vast majority of alarm installers in the nation" is a ridicules statement.
    ESA has no duty "to the vast majority", rather it has a duty to its members and those that it serves. When the "vast majority" decides to become part of the solution, invest in membership, participate in developing the solutions, volunteer to serve on a committee, and abide by the Code of Ethics. Until the "vast majority" shows up, why should ESA change? 
    The response from ESA President Angela White was informative and enlightening. This original post from anonymous also shows how the negative perceptions of anonymous and Gene from Reliable live on well beyond when they are proven to be wrong.
    As far as doing nothing, I will only point to SARRG to disprove the idea that NBFAA/ESA has done nothing. SARRG is designed for the smallest to regional sized alarm companies. SARRG has suppressed insurance rates throughout the industry through strong competition. I take great pride in stating that SARRG has the lowest loss experience in the insurance industry for coverage of low voltage contractors specializing in the alarm industry.
    ESA is a big tent, if you don't want a big tent, go join CSAA or SIA, or better yet start your own national or international association of irrelevance. 
    I am also looking forward to the next ESX in Nashville so I can "pat" all of the volunteers of ESA members for the thankless work they do.  
Bart A. Didden, Executive Claims Manager
Security America Risk Retention Group - SARRG
Security America Risk Purchasing Group LLC - SARPG
    I am the one (Anonymous) who first sent email complaining that ESA doesn’t verify certificates of completion and that Florida doesn’t license sales and technicians!
    For what it’s worth, I did send everything to make it aware to Michelle Yungblut at ESA but not only did she seem disinterested, she finally replied after several inquiries about the outcome, that they do not comment on complaints.  I also was able to verify that the certificate was not valid by “tricking” an ESA person to check on it even though their policy does not provide for this!  I also sent a full description of the fraudulent certificate and the culprit’s name to Florida’s, Alabama’s and Mississippi’s licensing Bureaus/ Departments with the same apparent outcome!      My opinion is “why bother taking the class, spending the $350 to $450 and wasting three days if no one cares!  Just forge a certificate and use it!”  The same with reporting fraudulent and even illegal activity, why bother if no one cares or does anything about it!  But, the Police, Homeland Security ALL advertise to speak up when something isn’t right!!!  So, what is the right thing to do?????
    The ESA and the state licensing bureaus should encourage industry members’ to “self-police” with active participation to help them catch abusers and unlicensed activity such as this and let the public know when someone is caught deliberately abusing the system as well as to verify licenses!   Anyone should also be able to verify if someone is licensed or has the required credentials!!!  These bureaus or departments say they don’t have the budgets to monitor or investigate, so why not welcome help from the industry???
    It is sad but the outcome or lack of action supports the comments of “Gene with Reliable Alarm”, that ESA ad the various state agencies want to collect the moneys but not expend effort enforcing!  The erroneous certificate is part of a public record at Florida’s ECLB…. So, the actions or lack of action speaks for itself.
    The reason I choose to remain anonymous in this situation is “why should I expose myself to possible time and costs of defending myself on a matter that the agencies who should pursue action are not interested???”  Rather than Anonymous I could sign as “Disgusted or Disappointed”
Still Anonymous
    Like most trade and other organizations the folks who work there are often over worked, under paid and under appreciated.  Most do their best.  Private organizations, like ESA, probably have little if any influence over licensing agencies and certainly cannot influence much less control complaint and disciplinary proceedings.  It is frustrating when those who play by the rules complain to those who make the rules about those who ignore the rules.  But as the Rolling Stones said, "You can't always get what you ask for".  Rather than be disgusted you may want to consider getting more involved in your local association and ESA.  You're in the alarm business and have as much right to participate and have your views aired and heard as anyone else.  You also have the right to devote the time those involved do; all you have to do is get involved and play by the rules.