KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Penalizing sales staff who makes mistake / Schedule your free private meeting at ISC East
October 5, 2024
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Schedule your free private meeting with KK at ISC East
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If you're interested in a private [yes, it's free] meeting at ISC East [we will be meeting just outside the exhibit hall] please contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. Concierge Clients will have priority.
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Penalizing sales staff who makes mistake
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Ken,
First off I would like to thank you for this platform to that address’s and helps our industry. It is invaluable!
Something that I’ve failed to come up with in my decades in business is how to fairly penalize sales staff for sales oversights that clearly cost the company time and money. I’m hoping your readers will share their processes?
Please sign me as
Anonymous
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Response
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The first question is, why are you limiting the inquiry to sales staff? What about the tech who makes mistakes and costs the company money for return visits, material, delayed contract commencement for RMR, maybe a missed signal, etc.
You may have focused on sales staff because they are, sometimes, paid a commission, not hourly or salary. Why not set off against their commission the cost of mistakes?
Initially you should know that you cannot charge an employee for their mistake. Your only remedy is to terminate their employment or some other penalty, but not withhold their earned compensation. Also, the word “penalize” doesn’t go over well in Court; use back charge or hold responsible.
With commission sales staff the rule isn’t that clear [to me at least – I didn’t ask K&K’s Employment Department. Commission staff can be paid different ways, such as salary, salary plus commission, commission only earned at a particular point, such paying company one or more months of the RMR. Commission staff can be paid a draw that is earned when paid or treated as a loan, an advance against commission and subject to back charge.
If the commissioned staff are independent contractors, real independent contractors not just disguised employees so you don’t have to withhold and other reasons, then you are able to craft the deal as you wish. Independents can be made to be responsible for their work and service.
This is tricky stuff. My advice? Join the K&K Concierge Program which now includes advice on Employment and Labor Law, a free initial consult and 15 minute consult free each month. Join here: https://www.kirschenbaumesq.com/page/concierge
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Featured Listings for Alarm Accounts for Sale
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K&K, as you hopefully know by now, has been very active representing alarm companies sell their business and accounts and brokering the sale [at well below market commission rate – K&K rate is one month RMR, about 3%]. Listing with K&K gets you the widest promotion in the industry through The Alarm Exchange. For the most economical and expert advice in selling [or buying] alarm accounts contact Ken Kirschenbaum, Esq.
The following are K&K featured listings: Call today if interested [K&K NDA will be required for further information]
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For Sale. Phoenix area, Arizona, 181 alarm monitoring accounts [115 res; 66 commercial; commercial fire 5]. Net RMR $4700.00; DSC panel and equipment; Microkey softrware. Older contracts for most part. K&K NDA required for more information. Contact Ken Kirschenbaum,Esq
at ken@kirschenbaumesq.com or 516 747 6700 x 301.
For Sale: Cincinnati, Ohio 375 accounts. 50% commercial fire and some with security and 50% residential; on K&K contracts; approx. $15,000 RMR. Owner, NICET IV and CFPS, available for transition and training. Standard equip used. Contact our attorney Ken Kirschenbaum for further details, which will require K&K NDA. 516 747 6700 x 301 or Ken@Kirschenbaumesq.com
For Sale: Lewisburg, West Virginia. Alarm accounts [K&K contracts]. # of accts: 338 % res: 74%; % comm sec: 20%; % comm fire: 6%; RMR for inspection or service:all per call. RMR monitoring: $9872; cs:Security Central, Statesville, NC. On segregated lines; Accts concentrated: Greenbrier County; equip used: Panel: QOLSYS IQ4; software: Mobile Tech, Alarm.com. K&K NDA required for more information. Contact our attorney Ken Kirschenbaum for details. 516 747 6700 x 301; Ken@Kirschenbaumesq.com
For Sale: Shrevesport, Louisiana over 1300 Alarm accounts; residential and commercial, over 45K RMR monitoring accounts; Kirschenbaum Contracts. mid-sized turn-key operation fully staffed with RMR and growth. Contact our attorney Ken Kirschenbaum,Esq for details. Ken@Kirschenbaumesq.com or 516 747 6700 x 301
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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
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com
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