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SUB MODIFIES CONTRACT BEFORE YOU SIGN IT
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Ken
    What about someone adding notes onto the bottom of my contract?  They send it back signed (my signature comes only after they have signed.) The customer makes a notation on the bottom of the Contract to include something I did not include in my price. Extra work or materials, etc...
    Outside the body of the contract and no hand written notes in those areas.  I speak with the customer and they verbally agree that I will not include this extra work. "Go ahead and scratch that line out" they will say.   Does this void the contract? Should I require a new signed contract be sent over without the added text?
 Can I just white that line out or am I asking for trouble?
Thanks again! 
RG
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RESPONSE
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    You should require another signature from the subscriber with the verbiage you don't agree with deleted.  You should not omit an insert made by the subscriber once the subscriber has signed the contract.
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INTERVIEW
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I was recently interviewed.  Here is the link: http://securitysalestraining.com/security-alarm-company-contracts/
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COMMENTS ON X EMPLOYEE ARTICLE FROM APRIL 21, 2015
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Ken;
     I read about the ex-employee causing problems with his former employer.  I think that "Mr. Anonymous" should have you or another attorney craft a "cease and desist" letter, barring him from contacting the current employees.  Also, (and this would probably be BS,) but I would also threaten a suit over his stealing intellectual property.  It would be one thing if the guy took photos of the inside of a control panel, but any photos that the building or home can be recognized, I think could be damaging to Anonymous' company.  If anyone really looked at what this guy was posting, I'm sure it wouldn't take long to figure out that the guy is full of crap and this may be nothing more than sour grapes.  BUT, in the initial viewing, if there is anything negative or that could cast a negative pale over Anonymous' business, he should pursue, either through the courts or other means.  Also, I would check with the local unemployment office to make sure he did not file a fraudulent claim.  When dealing with a malcontent like this, sitting back and hoping that he just goes away is a course of action (or inaction) that has a low percentage of success.  With a guy like this, I think the best defense is a good offense.
    As always,
John from NJ
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Ken
    This is all true as to the solicitation for the purpose of recruitment for work, unless he is in CA, which is a socialist state. The larger problem is a potential wage/hour lawsuit for the earlier misclassification. Those cases can cost an employer hundreds of thousands, if not millions.  If he is recruiting former coworkers to join a suit, this is the signal for a class action. The nonsolicitation clause will not prevent him from doing so as the NLRA explicitly permits collective action and would impose penalties on the employer for any attempt to block this.
There is a whole line of cases as to whether the arbitration agreement would be enforceable in this context. Most courts now reject that premise as to misclassification.

Judge Ruth Kraft
Kirschenbaum & Kirschenbaum PC
516 747 6700 x 326
RKraft@KirschenbaumEsq.com
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