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 whitelist ken@kirschenbaumesq.com ****************************** Former company owner wants his picture off website October 31 2022 *********************** SAVE THE DATE: KIRSCHENBAUM & KIRSCHENBAUM ANNUAL HOLIDAY PARTY WILL BE ON DECEMBER 8, 2022. YOU'RE INVITED. WE WILL BE ASKING FOR RSVP SOON **************************** Former company owner wants his picture off website **************************** Ken, I worked for a licensed alarm installation company in Texas. I started company with original owner mid 1990's. Was designated company representative / Qualified Manager since day 1. . (position is required by TDPS with training, testing and experience requirements). Company was sold to new owner who has no experience in industry. I was terminated beginning of 2022. I am starting new alarm company and got on TDPS Texas Department of Public Safety website to get started. I found out the EX company is still using me as their company representative. They cannot be in business without a company representative. Owner was required to send in notice of termination to TDPS within 14 days of termination. Also my picture is still on company website, possibly making 25 years of customers think I am still there for them. I have not yet notified the State or the Company. Could the company owe me back pay or some other compensation for using my name and picture after my termination? Anon ************************** Response ************************** As license holder for an alarm company the onus is equal between you and the company to notify the licensing agency that your relationship is terminated; that you no longer hold the license. Technically, as the license holder you have the primary responsibility. You use to own the company. Your picture appeared on the website while you owned it. You sold the company [and didn’t use K&K – so how am I supposed to know what you agreed to???] When you sold the company you may have sold the website, with your picture on it. If you were an employee you could probably claim that the company doesn’t have the right to continue using your picture for its commercial purposes; it’s a violation of civil rights [and maybe other specific statutes]. But as a former owner you may have implicitly sold the right to use the website with your pictures, forever. The contract selling the company could have and should have addressed this, and that’s where you should be checking. ********************* To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: 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 www.KirschenbaumEsq.com
