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Guarantor signature line / More on cameras from China / should you allow high risk employee to work
April 8, 2020
Guarantor signature line
          Can you advise on last page of the standard Commercial All In One Security Agreement where the subscriber signs. We have the customer signing as the “subscriber”. Who is supposed to sign under that;  The section that states “the undersigned personally guarantees subscribers performance of this agreement etc etc “ ?
Name withheld 
          The Standard Form commercial contracts all provide for a personal guarantee.  The contract needs to be signed by an authorized person, usually an officer of the entity, usually a corporation or LLC.  That will bind the corporate entity.  Sometimes you are not willing to rely on the credit worthiness of the corporate entity and ask for a personal guarantee.  Personal guarantees are usually signed by the owner, though we have many cases where an employee will sign the guarantee, thereby exposing himself to liability for the corporation’s performance.  
          Getting a guarantee makes the subscriber have more skin in the game.  But, the contract is fully executed and binding as long as the entity signs the contract; the guarantee is not required to make the contract enforceable.  
          Many subscribers will balk at the idea of signing the personal guarantee.  Forming the corporation was intended to limit liability for contractual debts of the entity.  The guarantee will be signed when you insist on the additional protection, for you, when a subscriber understands the risks of the guarantee and all too often by the unwary and unsophisticated.  In law school we learned the definition of a personal guarantor:  An idiot with w fountain pen.  
More on cameras from China from article on march 19, 2020
          Regarding Sperry West and China.  If a anyone who has been doing business with China can't see the handwriting on the wall, they had better get glasses.
Reliable Alarm
        Is anyone having problem getting cameras or other products from China?  How is disruption in product affecting your operation?
should you allow high risk employee to work
          We have a salaried technician who was told by his physician last week that he is in the high risk category.   He wants to continue working during the Covid-19 infection.  Our industry, to date, is considered exempt from the shelter in place orders, and subsequently we are operating business as usual.  How do we handle this employment issue?  Can we allow him to continue to work?  Do we ask him to certify his wish to continue to work in writing?  Or, do we make the decision for him and send him home?  Legal guidance would be greatly appreciated.
Name withheld
          This issue is acute currently but let’s face it, employers are often faced with this issue.  An employee who may be just too old or too sick or too much at risk.  Of course the employer has an interest in the health and well-being of its employees.  Sick or under-performing employees because of health issues affect other employees and put the business at risk.  Insurance premiums may be affected because claims may be higher.  
          Some employees have protection because they have Employment Contracts, Company Rules in Handbook, are covered by union contracts, or are in a US Constitutionally protected class.
          Here however we are talking about an employee perfectly capable of performing his tasks and who wants to work.  Assuming you need his services I think you let him work.  If you can reduce his risk then that would be the right thing to do.  But I am starting to sound like dear Abby.  Legally, at will employees can be fired for any or no reason and are entitled to their accrued compensation and benefits.

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

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.
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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