***************************
Question Re: Tortious Interferrence / head hunting
*****************************
Ken,
I was in my office today, and overheard a conversation between my service coordinator and the person she was speaking with on the phone. She had a puzzled look on her face. I realized that someone had called our office number and was soliciting employees with a “better benefits and better pay” pitch. I told her to put the call on hold and she told me what this sleaze ball was doing. I picked up the call and proceeded to tell the “regional manager” of this company not to contact any of my employees again, especially while at work. He proceeded to tell me we are in a right to work state and that gives him the right to use these tactics. I am aware of this company and they tend to have some very bottom of the barrel employees….lacking severe ethics and morals. My question is would we have any recourse against a company should, in the future, the tactics work and they pull employees from our company. I assume this would be considered tort, assuming we have an employment contract with our employees. And does the “right to work” protect the other company or a head hunter in allowing them to proceed in this manner? What can be done to prevent such actions?
Anonymous
***************************
Answer
***************************
The Standard Form Contracts have an anti soliciation and anti employment provision which prohibits your subscriber from hiring your employees. A breach of that provision comes with costly consequence to the subscriber. Head hunters however have no contract with you so there is no contractual prohibition preventing them from calling your office and speaking to your employees.
What can and should you be doing to address this persistent problem? No employer wants to be a training ground for its competitors, training employees who are then induced to go elsewhere. I think the first step is a proper Employment Contract. While it is just about impossible to compel employees to continue working for you, it is possible to restrict their employment with your competitors, and you may also be able to recoup some of their training expense if they don't work for their entire designated contract term. For example, you may be able to recoup the cost of training a technician who doesn't stay on the job after completing the training or certification process. Recoupment of expense and restrictions on other employment may be a sufficent deterent to an employee jumping ship.
Having your employee under an employment contract may also be sufficient basis to sue a head hunter for inducing breach of contract. This remedy may be too costly and time consuming to pursue, but it may be available.
Other measures that are effective would be a firm policy against taking and continuing conversations with head hunters [and personal calls in general] and requiring the calls to be passed on to management [your relatives who you know aren't leaving]. You can call the head hunters, let them know your employees are under contract and that they shouldn't call your office. Commencing an action to prevent the calls is most likely not economical and worth the effort.
Start by getting the Employment Agreement and using it with all employees.
WEBINAR ANNOUNCEMENT
Register here: https://attendee.gotowebinar.com/register/6433874012527407617
Topic: Review of recent updates to the All in One alarm contracts
When: June 10, 2014 12 noon EST [30 to 45 minute presentation]
Presented by: Ken Kirschenbaum, Esq.
Who should attend: Alarm Company owners and those responsible for contracts.
Description: The All in One contract forms which were introduced in 2013 have undergone changes. The specific changes and reason for the changes will be discussed, questions and comments addressed. The forms include the Residential All in One, Commercial All in One and the Commercial Fire All in One. Those companies who are using the All in One alarm contracts and those considering using these forms should attend.
***************************
SPECIAL ANNOUNCEMENT - A NEW FIRE ALARM COURSE
For NICET LEVEL I & II PREPARATION SEMINAR
NOW REQUIRED by NYC FD - NICET LEVEL II
DATES: June 18 and 19, 2014 - HOURS: 8:30 to 4:30 P.M.
Total: 14 hours Member* Price: $ 495.00 Non Member - $ 645.00
Presented by The Fire Alarm Institute by Instructor Jim Mundy, former National Chairman of AFAA and actively involved in training and development of the National Fire Alarm Code since 1991. Known as “Mr. NICET” in New York, his 50 years’ experience coupled with an unending search for excellence and interactive tutelage brings alive what you need to know.
*Member prices are available to AFAA, MBFAA, ESA, NYESA, LIAA, NYFAA and SFPE members
Register here: registrar@FAINY.org or call (516) 783-9020
*******************************
TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.
**********************************************************************
Speaking Engagements
************************************************
*******************
Quick Response Dealer and Integrator Information and Technical Conference. July 15 -16, 2014 at Holiday Inn - Independence Ohio. All alarm dealers are invited. For more information, schedule and to RSVP contact Margie or Renee at reneet@quickresponse.net or call Margie/Renee at 800 462 5353 www.quickresponse.net
***************************
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/
****************************
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
*********************
Electronic Security Summit for 2014. October 22-24, 2014 at the landmark Broadmoor Hotel. Colorado Springs, CO. For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC., (786) 999-9738 alex.quirin@aspsummits.com www.aspsummits.com
**********************