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 ************************************ Guarantor signature line / More on cameras from China / should you allow high risk employee to work April 8, 2020 ****************** Guarantor signature line ****************** Ken 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 ********************* Response ********************* 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 ********************* Ken, 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. Gene Reliable Alarm ******************** Response ******************** 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 ******************** Ken, 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 ************************ Response ************************ 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 - Ken@Kirschenbaumesq.com 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; jennifer@kirschenbaumesq.com alarm licensing: Alison Gallub,Esq 516 747 6700 x 317 AGallup@Kirschenbaumesq.com; or Eileen Wagda, Licensing Administrator, 516 747 6700 x 312 EWagda@Kirschenbaumesq.com Employment issues: Kieran Bastible 516 747 6700 x 315 kbastible@kirschenbaumesq.com; or Jennifer Kirschenbaum,Esq Concierge Alarm Clients have full access through our Concierge Program Coordinator, Stacy Spector, Esq 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com 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 KLampert@Kirschenbaumesq.com Pending litigation: Caroline Wallet,Esq CWallett@Kirschenbaumesq.com 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 SSheinwald@Kirschenbaumesq.com or Scott Dillon,Esq 516 747 6700 x 318 **************** 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. 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 post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ 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
