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Employee waivers / Comment on business interruption insurance
April 6, 2020
Employee waivers
          A question on employees continuing to work. Is there a form they will need to sign in this situation, that they are aware of the risks being exposed to being infected? In case they do get infected can they sue the company for continuing to work without a signed agreement claiming they got infected while on company hours? As a small company how do we protect ourselves from anything like this?
          Alarm companies are deemed essential so you are permitted to be open and working.  Obviously precautions need to be in place and enforced.  For obvious reasons, employees who are at greater risk or simply uncomfortable working should be excused, though, understandably you have a business to run and you may have to bring in other help.
          You don’t need a waiver from your employee.  If your employee does get sick and it’s established the illness is job related, the employee’s sole recourse against the employer is Workers Compensation.
          So the employer’s only risk is if the employer doesn’t carry Workers Comp, which is not a legal option.
Comment on business interruption insurance webinar on March 27, 2020 by J. Krug Agency
          We’ve been paying for business interruption insurance for about 15 years, and I also see the language that Jeff refers to in his commentary.  We are pretty much SOL on this one.  What caused me to write was the irony of his signature line “relax you’re covered”.  Sorry Jeff, I can’t relax.  Today I’m laying off my entire installation staff and most of the office staff and we are going to a “service only” mode of operation.  People are scared right now and the governor just shut down construction sites along with the rest.  We’ll survive this with teamwork, smart decisions and perhaps a little assistance to take care of the wage earners.
Tom in Washington
          Jeff and Tom from J. Krug gave a great webinar on March 27, 2020, and they put it together on moment’s notice.  Don’t shoot the messenger.  It’s really not the broker’s fault that most, if not all of us, don’t have business interruption insurance that covers this virus situation.  Had we been offered it most of us probably would have declined.  It’s the same with all insurance, no one wants to think about it or pay the premium until there is a loss and the insurance is needed.  So we have to let Jeff and Tom off the hook for telling us to “relax you’re covered” for same reasons we have to let you off the hook for telling your customers “protected by …”

Reaching K&K during the lockdown
     During this crisis the most efficient way to reach our attorneys is via email.  You can also call and if not picked up, leave a message and your call will be returned promptly.
    Here are a few departments to contact directly:
alarm / security / pers / fire department:  Ken - or call and leave a message with return number at 516 747 6700 x 301
health care professionals:  Jennifer Kirschenbaum,Esq 516 747 6700 x 302;
alarm licensing:  Alison Gallub,Esq 516 747 6700 x 317; or Eileen Wagda, Licensing Administrator, 516 747 6700 x 312
Employment issues:  Kieran Bastible 516 747 6700 x 315; or Jennifer Kirschenbaum,Esq
Concierge Alarm Clients have full access through our Concierge Program Coordinator, Stacy Spector, Esq  516 747 6700 x 304 or 
Collections:  [courts are shut down at this time, so don't expect much progress.  We will however continue to prepare papers on our end so that we will be ready when the courts normalize]  Kathleen Lampert  516 747 6700 x 319
Pending litigation:  Caroline Wallet,Esq  516 747 6700 x 305 and Maureen Biel,Esq 516 747 6700 x 303  MBeil@Kirschenbaumesq,com
Bankruptcy and debt collection issues:  Steve Sheinwald,Esq  516 747 6700 x 309 or Scott Dillon,Esq  516 747 6700 x 318

Webinars Series 2020 - Register now
            We are pleased to offer the below FREE Webinars. Originally scheduled as Roundtable discussions at the ISC we are now opening up attendance in webinar format. Please sign up for one or more webinars and we hope you’ll participate in the discussion.  Other webinars TBA
            For those of you who had a Free private meetings scheduled with Ken Kirschenbaum at the ISC show, please call Stacy Spector,Esq at 516 747 6700 x 304 to re-schedule the meeting via Skype
When: April 7, 2020 at 12 PM  ET
Topic:  discussion on the current state of the Financial/Capital Market Stability in the Security Industry and necessary agreements needed for security companies
Presented by:  Troy Iverson, VP of Sales, Brian Davis, CFO of AvantGuard Monitoring Centers
Hosted by:  Ken Kirschenbaum, Esq
Who should attend: owners, CFO, managers, 
Register here:  

To order up to date Standard Form Alarm /  Security / Fire and related Agreements, click here:
You can check out the program and sign up here: or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
NOTICE:  You can always read our Articles on our website at
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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