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 white list ken@kirschenbaumesq.com ****************************** Are you responsible for your employee’s assault? October 23, 2020 ***************** Webinar Announcement - sign up today: **************** Title: Importance of Sound Financial Management; How to make your company bankable When: November 4, 2020 Time: 12 PM noon ET Presented by: Mitch Reitman Hosted by: Ken Kirschenbaum Who should attend: owners, CFO, general managers Register Here:https://attendee.gotowebinar.com/register/8666979981049202187 ********************** Are you responsible for your employee’s assault? ********************* You send a technician out to perform a service call; or maybe it’s a salesman or installation tech. The employee, for any number of reasons, gets into an altercation with the customer or someone on the premises, and assaults someone. From a criminal perspective it’s called Assault and Battery. From your point of view, it’s called a headache. The assaulted party sues you under two theories: * that you are responsible for the acts of your employee * that you are liable for negligent hiring or negligent supervision of your employee How do you think you do in court? The legal theory that you are responsible for your employee is called Respondeat Superior. But this legal theory fails because you are only responsible for the acts or performance of your employee when the employee is working within the scope of employment. An altercation, including an assault, cannot reasonably be construed as part of the employee’s duties or as an act in furtherance of the employer’s interests. You can be held liable for negligent hiring or negligent supervision. Under this theory of law the complainant would have to establish that you knew or should have known of your employee’s propensity for violence [or whatever wrongdoing occurred – it could be a theft, etc]. If you have no reason to doubt the suitability of your employee then liability for negligent hiring or supervision will not be found. Here’s another question, and I ask that the insurance brokers answer it. If an employee assaults a customer and the employer is sued, will the general liability or E&O policy cover the defense and the damages? ********************* To order up to dateStandard 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ 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
