KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE

You can read all of our articles on our website.  Having trouble getting our emails?   Change your spam controls and white list ken@kirschenbaumesq.com 
************************************
employees padding time sheets / Discounted Honeywell products
October 2, 2018
*******************
link for our Sexual Harassment training webinar presented on September 20, 2018:  https://youtu.be/_sKL5bM0M0E
*******************
employees padding time sheets
*******************
Ken,
    I had an injury recently and I haven't been using the gps tracking in my company vehicles. I also haven't been showing up unannounced on the jobs as much either while I recover. When I checked the gps yesterday I noticed a pattern has developed with a few of my guys who are padding their timesheets. Of course I have the gps records which contradict their handwritten time sheets and paychecks. My question is, can I do anything about it, such as deducting any funds from their paycheck to reimburse what they stole from me?
Anon in fla
*******************

Response
*******************
    The bad news is that you can't deduct from their salary and wages, and as you may have learned from our Webinar on Sexual Harassment Training [see link above], you can't sexually harassment them either.  Proving that you withheld wages would, of course, be easier to prove.
    The good news is, you can fire them.  This might not be your first option however.  I am reminded of a comment by a long time client and friend, Gary Rose [Counterforce Central Station in NYC, NY] from maybe 40 years ago [before GPS tracking].  I asked how he kept tabs on his field techs to find out if they were stealing equipment and running their own jobs on his time.  His response then [he had a full service alarm company in those days - still does], was that "if they are he doesn't want to know about it".  The situation also reminds me of my own saying, "it's harder to get someone to work for you than firing them".  [though in this current employer climate you'd be wise to consult with head of 
K&K's Employment DepartmentJennifer Kirschenbaum,Esq., before terminating an employee and finding yourself embroiled in governmental agency investigation and lawsuits by the agency and your discharged employee.
    It's not easy finding good help in the alarm industry.  Just check out 
The Alarm Exchangecategories and listings if you need confirmation.  The Help Wanted is almost as popular as the Looking for Subcontractors category.  
    Are there ways to deal with dishonest employees besides terminating their employment?  I suppose.  Those you cannot withhold their pay or wages, you can reduce those wages [unless they have a contract for those wages] and you can certainly have a discretionary bonus and wage review and increase plan and let them know that honesty and loyalty are among the more important attributes that you require and consider when deciding on enhanced employee benefits and wages.
    You can, by the way, terminate a dishonest employee, pay them their wage, and then sue them for theft.  You can also report it to your local public prosecutor, though it probably won't be of sufficient interest to them unless significant loss has occurred.
*****************

Discounted Honeywell products
******************
Ken,
    We recently discovered that WalMart is offering Honeywell parts such as digital transmitters to the public at prices which are 40 to 50% less than what alarm dealers pay suppliers such as ADI for the same products. When is Honeywell going to get wise to the facts that alarm dealers are their bread and butter? Perhaps if a National forum such as yours  lets alarm dealers know about these savings, then Honeywell will smarten up and begin offering savings to their own dealers. 
Thanks for your forum.
Tom
Jacksonville Fl
******************

Response
******************
    You need to be more attentive to the articles and issues on this forum.  This issue came up.  See my article June 27, 2018  and July 5, 2018.  All of our articles can be searched by topic and are saved on our website at: 

https://www.kirschenbaumesq.com/page/alarm-articles
    Honeywell never responded to the articles on this forum [and I know they see them daily], so it either can't do anything about it or doesn't care, or both.  There are other manufacturers I suppose.  
*********************

NOTICE:  To ensure that you continue getting our daily emails please sign up with our other email delivery service.  Click here: https://www.kirschenbaumesq.com/page/newsletter-sign-up     You can always read our emails on our website at www.kirschenbaumesq.com/page/alarm-articles
*******************

THE ALARM EXCHANGE

alarm classifieds alarm security contractsThis area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business  brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;

There is no charge to post a listing here.Include your contact information, phone, email and web site.  If you would like to submit a posting, please send an email to ken@kirschenbaumesq.com.  To create a reciprocal link to our website, click here.
**************************************************************************************
Many of you are forwarding these emails to friends or asking that others be added to the list.
Sign up for our daily newsletter here: Sign Up.  You can read articles and order alarm contracts on our web site www.alarmcontracts.com

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