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 employee stealing accounts and accessing cs May 23, 2024 *********************** Former employee stealing accounts and accessing cs *********************** Ken, I have a client looking for legal help. They have a former employee that is not only targeting their accounts, but logging into their portal at the central station and making changes to the accounts, like on/off test, etc. I know there is a case for torturous interference with a contract as well as other areas that there should be grounds to sue, but I do not give legal advice. They have known damages. I believe they should file it as theft with the local DA and should probably start with filing an injunction, and file a complaint with the other government AHJs. But that’s everything I took from the show Boston Legal. Being that you are the industry’s Denny Crane, I figured I would start with you. Is this something you can help them with? Robert F ***************************** Response ***************************** The alleged actions of the former employee do sound like tortious interference, but a lot more information would be needed to determine that. It also sound like theft and your advice to contact the local District Attorney is a good one; nothing like getting local enforcement officials to cover your back, at taxpayer expense rather than yours. The idea of an injunction is also thoughtful. It may also be appropriate given that the former employee is allegedly undermining customer alarm systems. That would no doubt interest law enforcement. The trouble with injunctive is that it’s a rather complex legal complaint, requiring an abundance of proof; it may also entail posting a bond and it is also likely to be quite expensive – legal fees and expenses. I get lot’s of calls with similar issues and very few want to proceed with private litigation costing tens of thousands of dollars, win or lose. I always recommend a referral to law enforcement and also licensing boards if they will get involved in that conduct. I'd have to hear from the central station experts but hopefully there is way to change the access by the alarm dealer so the former employee can no longer access the accounts. Probably easier said than done. I typically start by sending the offending former employee a cease and desist letter, threatening me various ways depending on the offending conduct. If the former employee has signed a K&K Employment Contract then next step is easy, quick and inexpensive; it's a Demand for Arbitration. This is likely going to result in a very fast resolution. If your employees have not signed a K&K Employment Contract - that's your fault. You can fix that pronto. Order it today and get it signed up tomorrow. Employment Agreement. I lost a lot of weight lately so not so sure I look like Denny Crane or William Shatner, but thanks for the vote of confidence. ****************************** STANDARD FORMS 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
