KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on requiring employees to use company iphones / when contracts clash and using the All in One as subcontract for installation / Webinar notice / Holiday party notice
September 22, 2018
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Save the date: This years K&K annual party will be on December 14, 2018 from 6:30 to 9:30 PM at Pine Hollow Country Club, East Norwich, NY. We are going to need a head count this year and restrict the invitation to you and guest. invite with RSVP will be sent out soon. Hope to see you.
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Free Webinar: September 27, 2018. 12 to 1 PM EST. Round table discussion on preparing your company for sale [we may get to buying considerations too]. Business brokers and consultants will join the discussion. Mitch Reitman, Robert Shoremount, Barry Epstein and Rory Russell are our Round Table Experts. Join us by reserving your spot: Click here to register: https://attendee.gotowebinar.com/register/597273801145255682
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comment on requiring sales people to use company iphones with location tracker from September 13, 2018
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Ken,
I feel compelled to respond here because we have experienced this type of person first-hand with negative results. My requirement is that all employees use company phones and email for all communication. This is in our employee handbook which all employees are required to read and sign indicating they have read it.
In our past, we've had three employees who used their own phones and email. These would be the same three employees who ran side businesses, stole customers and sold RMR products under their own name.
Ken, you are absolutely right on with this one.
Sincerely,
Marty Malinowski, Chief Financial Officer
Synacom Networks Inc
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Response
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Thank you. Sometimes I get it right. Even a broken clock is right twice a day.
If you don't have an Employment Agreement and Handbook, you need them, especially the Employment Agreement.
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when agreements clash and using the All in One as subcontract for installation
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Ken,
We have the opportunity to be a subcontractor to a construction company who is doing work for its customer. They want me to sign their subcontractor agreement and I want them to sign our All-in-One agreement.
Their agreement seems to have all of the same clauses that we do. If I sign theirs and they sign mine, are we OK to move forward?
Matt
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Response
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Couple of issues. It's not just that you and the company hiring you [the GC] are using different forms, they are not the same type of forms. The GC has a subcontract agreement that it wants you to sign. You have the Commercial All in One, which is a contract that the end user is typically required to sign. In your case you are using the Commercial All in One as a contract for the sale and installation of equipment only; no after installation services [monitoring, repairs, inspection] other than your warranty will be offered by you.
It works. I note that you don't have the most updated Commercial All in One which would make it clear that inconsistencies between the Commercial All in One and the GC's contract will be resolved in favor of your contract terms. You should update your contract for that reason and other updates since you purchased your contract form.
Usually you would be using a Subcontract with the GC, and you can get that form at www.alarmcontracts.com. Here you have used the All in One and I think it works for your purposes. Be sure not to perform any services for the end user, because you do not have a contract with the end user.
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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