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Comment On Withholding Paycheck From Spetember 10, 2014 Article
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Ken;
    I'm sure Judge Kraft is spot on of her assessment of the law.  Call it what you will, but if an employee up and quits on me and has company tools and equipment, I would tell that person to come in (in person) the next payday and their final check would be waiting for them.  At that time they can turn in their equipment.  If they show up without it, I would make an excuse stating the book keeper made an error and they will have to come back.  And then remind them that when they do come back, bring back my equipment.  Two can play that game.  I'm sure most of us can come up with as many excuses for why a person's check isn't ready as the former employee  can as to why they forgot to bring back equipment.  As long as you don't say you are "holding their check" in lieu of returning the equipment, they would have a hard time proving wage theft.  You get dog tired of taking it on the chin, losing customers due to crap employees, and then the crap employee quits and steals equipment and then the courts are going stick it to you as well.  I'd say "ENOUGH."  Rather than small claims court, I would be more inclined to call the local police department and have an officer respond to take a report of the theft.  That does two things.  It lets the ex employee know that you aren't going to play games and it might just scare him enough to do the right thing.
John from NJ
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Response
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    Thanks John.  Someone has to keep employment lawyers busy.
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CO Detectors
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Ken:
    THANK YOU for putting out the word regarding the CO detectors.
When we sell CO sensors we tell people we highly recommend these devices, especially if we MONITORE them!!
    My mother & care giver would not have been alive if not for the CO detector. The CS contacted me  saying the FD was enroute. I told her to open ALL the windows. The FD ended up having them move out of the house until BOTH furnaces (upper/lower) had been replaced.
My brother each year had the complete HVAC system tested. When I asked MY CUSTOMER as to why the technicians did not TEST for CO (like I THOUGHT they would), the response was ‘the test equipment is kept at the shop as it is pretty expensive!!) – that is like us sending out our technicians without meters!!
Joe Pfefer, President
Jade Alarm Co.
Kansas City, MO 
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Response
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    I am sure you are going to see CO detectors mandated in new and perhaps old construction, residential for sure and probably commercial as well.  Don't miss the boat on this sale, service and monitoring opportunity.
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Comcast Competition
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Ken, 
    Since Comcast is already selling the consumer communications, can Comcast legally offer the customer a separate service discounted, based on the purchase of communications? The Clayton Act is intended to prevent the offering of a discount on one product, when the discount is based on the tying of the sale to another product. 
    Alarm monitoring has clearly been defined by courts as "the selling of protection." By Comcast and other cable providers offering consumers a discount on "protection," based on the purchase of "communications," this could be tying? I recently called Comcast and they offer a $10 per month discount on the purchase of "protection" based on the purchasing of "communications." 
    TYING: An agreement in which the seller conditions the sale of one product (the "tying" product) on the buyer's agreement to purchase a separate product (the "tied" product) from the seller.   Alternatively, it is also considered a tying arrangement when the seller conditions the sale of the tying product on the buyer's agreement not to purchase the tied product from any other seller. 
    Thank You,
Roger D. Score, President
Arizona Alarm Dealers Association
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Response
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    You might have something here.  You should contact your state Attorney General and see if that office will pursue the thought.  Unless of course your association is ready to foot the bill.
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.

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                                    Speaking Engagements

 If you would like to schedule a free live video/webinar presentation for your association meeting or event contact Eileen Wagda at 516 747 6700 x 312.

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Alarm Association of Greater St. Louis.   September 16, 2014.  at Tech Electronics HQs office at 6437 Manchester  Ave, St. Louis, MO 63139.  Meeting is from 11:45 – 1:30  Video conference presentation starting at 12:15 CST.  For more information or to register contact Tony Drago adrago@tyco.com  www.alarmstl.org
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NYSESA - September 17, 2014 at Honor's Haven Resort, Ellenville, NY.  This is the NYS Electronic Security Assoc annual meeting.  Presentation on updated contracts and current legal issues will be at 10:30 AM.  For more information or reservations contact Dale R. Eller, Executive Director (814) 838-0301  dalereller@itzsolutions.com
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Texas Burglar and Fire Alarm Association.  October 1 - 4, 2014,  annual convention at San Luis Resort Spa & Conference Center, Galveston, TX.  Register here:  http://tbfaa.org/tbfaa-2014-convention-trade-show-attendee-registration/
For more info contact Debi at 281-859-4569.  Brad Shipp, Executive Director
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Alabama Alarm Association.  AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205  for more info contact AAA Executive Director: director@alabamaalarm.org  (205) 933-9000 

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