KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on operating your own central station / comment on sexual harassment
October 8, 2018
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comment on operating your own central station from October 1, 2018 article
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Ken
Thank you for this forum. I rarely respond to any comments, but I do read the posts with high interest, like Regarding central station comments of 10/1/18 by Morgan Hertel of Rapid Response. All the comments on central station were well stated. The issues of contract, conversion, service definition and flexibility have been the hallmark of growth for the wholesale monitoring business. Combined with huge financial incentives, there is very little reason for any central station to go-it-alone.
Two points:
First, the options from a wholesale central station using stages software are many "shades." The term "hybrid" monitoring was coined by a stages customer to reflect the options available including: retaining hardware, full/part-time monitoring, special service monitoring, back-up, overflow assistance, etc. Service should be viewed as a spectrum - the issue is NOT stay open or close. The technology matters and value proposition should be explored by every operator of a retail central station.
Second, there is substantial value brought by both software vendors and wholesale central station in the work done with vendors. For example, over 5 years, SGS has worked (and continues to work) with alarm.com on high levels of integration. Each alarm company should discuss integration with both product vendors and central stations - it will differentiate the service available and create better options for dealers and retail customers.
Thanks,
Hank Goldberg, VP
Secure Global Solutions
https://secglobe.net/
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Response
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Keeping up with the times isn't easy. I've recently been told that the term "central station" is no longer accurate. We now call them Monitoring Centers. I'm in the process of adapting to that change. I want to remind dealers that they should have me review the dealer agreement presented by the Monitoring Center. You need to supplement those terms and you can't expect the Monitoring Center to suggest those changes. I know you think you made a great deal, etc. But you really won't know until it comes time to move out of the Monitoring Center or you have disputes that are not easily resolved. Having a clear Dealer Agreement from the get go will likely result in a better relationship with the Monitoring Center and less room for disputes. Using a Monitoring Center on The Alarm Exchange is a smart move, and using a Monitoring Center who also uses the Standard Form Dealer Agreement an even smarter move. That form highlights the issues that should be vitally important to a dealer, while sufficiently protecting the Monitoring Center [still referred to as the Central Station - we are getting around to making the change in terminology slowly.
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comment on sexual harassment
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Ken,
Suppose a woman accuses a man of attempted rape without any proof or corroboration. And then a group of women start calling him a rapist and running a gang rape and other vile accusations, again without any proof.
Is that sexual harassment? It is certainly harassment regarding purported sexual activity. Can the man sue? Can he sue for defamation?
Just wondering... I have been watching such a situation on the TV news channels for the last few days.
Anon please
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Response
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First of all, view our webinar on Sexual Harassment training here: https://youtu.be/_sKL5bM0M0E
False sexual harassment claims would be defamatory. Truth is a defense to any defamation cause of action. So a woman charges a man of sexual harassement, the woman has the burden of proof. A man charges a woman of defamation, the man has the burden of proof. Seems like by the time they sort through the issues both parties will want to kill the lawyers.
Our Employment Department is quite busy. Employers need to know how to walk a fine line. If you want to start walking,, watch the webinar.
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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
516 747 6700
www.KirschenbaumEsq.com