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TERMINATING EMPLOYEE FOR THEFT AND UNEMPLOYMENT COMPENSATION
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Ken,
    We recently and unfortunately had to terminate an employee for theft.  He applied for unemployment, and we objected.  We submitted a copy of your signed Employee Agreement with the request for information for claimant eligibility. In speaking with a representative from Indiana Workforce Development I was told that if we do not have a written company rule regarding the incident which caused the separation the employee will likely still be awarded unemployment compensation.  
    The representative used this as an example and he added "I know this sounds crazy but "If you don't have a policy against drinking on the job and you terminate someone for drinking on the job then they will likely be awarded compensation."
    This will effect us next year as the first $9500 dollars each employee earns is taxed for "Workforce Investment" based upon a company's "experience level".  Ours was 1% and went to 7% the last time this happened.  We are currently down to 2% five years after the last time.
    I feel that everyone knows that stealing is wrong and illegal and that we shouldn't have to point this out to employees.  I probably will not contest this if it does escalate as it is too stressful and requires too much time.  It eventually leads to an employment hearing and puts us and the terminated employee alone in a small room with one nerdy employment judge.  
    If we had a handbook that specified this, I'm being told that it wouldn't go that far.
Comments appreciated.
Ron
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RESPONSE
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    Unemployment Insurance premiums are no joke, and you are correct that even one employee collecting unemployment can boost your rating and premium significantly.
    The Employment Agreement deals with that employees specific deal, some general common non-competition and loyalty issues, but does not deal with the nuts and bolts of everyday employment.  That's what the Employee Handbook is for.  [you can order it by contacting Jesse Kirschenbaum,Esq at 516 747 6700 x 307 or Jesse@KirschenbaumEsq.com.]
    Here's the problem with your situation with this dishonest employee.  Actually a few issues.  First, I guess you didn't have the employee arrested, and he hasn't been convicted.  So all you did is accuse him of stealing and fire him.  No doubt he denied the stealing, at least to the extent that it wasn't permitted or generally tolerated.
    Second, and this is a big issue, you didn't write up the employee at least 3 times for offenses.  Of course you're not expected to write up a theft and then wait for 2 more before firing the employee.  But not every offense involves something as offensive as theft.  Better examples of a write up would be lateness, excessive personal phone or computer use or in appropriate clothing or other personal habits.    
    Third, a Handbook is helpful because it details many of the issues that can get an employee fired after specified warnings.
    If you have proof of the stealing you should fight the unemployment.  I think you will win if you have the evidence.
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QUESTION FROM WEBINAR ON JULY 28, 2015 RE SMOKE DETECTORS
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Ken
    When should we replace System Sensor I 3 (2 wire or 4 wire) smokes detectors? 
We cannot find anything in vendors literature.
Thanks,
Randy Stone
Estate Watch LLC.
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RESPONSE:  HERE IS JEFF ZWIRN'S RESPONSE:  BE SURE TO SIGN IN FOR TODAY'S WEBINAR !!
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Ken: 
    There is no such thing as a forever detector, and assuming that each of these smoke detectors have been properly tested, inspected, cleaned, and maintained; and as a result; are in compliance with NFPA 72, this is your starting point. However, contamination due to construction or otherwise, and/or a failure of any detector would require immediate replacement, no matter when it was installed. Against the foregoing backdrop, assuming the detectors have been quantified as being in compliance according to NFPA 72, and the equipment manufacturers specifications; and the alarm contractor has performed each of his duties as stated above; generally I would recommend replacing them [the smoke detectors] no longer than once every ten (10) years. Finally, environment also matters. so this too could be a determining factor as to when to replace said detectors, as they may need to be replaced sooner. To the extent, that you want further clarification and information System Sensor provides a free booklet on-line entitled Application Guide: System Smoke Detectors 
Jeffrey D. Zwirn
IDS Research and Development, Inc. 
www.alarmexpert.com
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COMMENT ON JEFF ZWIRN'S PRESENTATION ON JULY 28, 2015
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    I was sent a request to provide freed back from a webinar I sat in on 7/28/15.
    To my surprise, I found it quite enlightening to hear a person with knowledge in my field of work. A lot of the items covered were common sense topics, however, it is amazing that common sense sometimes isn’t used when needed.
I would like to see more discussions pertaining to fire alarm and fire suppression systems. I understand that in my industry, my fire systems get commissioned more rigorously by an AHJ and more so than a burglar alarm system. Hence the need to reiterate to the “trunk slammers” of the burglar alarm industry that they could be putting themselves at risk with sloppy craftsmanship.
    “Trunk Slammer” is a person gets in and gets out of a job as quick as possible, slamming their trunk on the way out, and never to be seen again.
Respectfully,
Daniel 
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                                                        Webinar Notice

We will be presenting a series of 4 webinars [2 are left].  These interactive webinars will be presented live and there will be time alloted to questions and answers.  Noted alarm/security/fire expert Jeffrey Zwirn will present these webinars.  There is no chargefor the webinars and I suggest you register as soon as we post the dates.  Might be good time to pick up Jeff's comprehensive Alarm Science Manual: click here to get the book All webinars will be from 12 noon to 1 PM EST

REGISTER TODAY FOR ALL THE WEBINARS [register for each one separately]

July 30:   Residential Fire Alarm Systems-Life Safety or Fatal Flaws

To register click here:

 https://attendee.gotowebinar.com/register/8193706153431356161

 

August 4: Central and Remote Station Monitoring Instructions- Are your instructions safe or foreseeably dangerous?
To register click here:

 https://attendee.gotowebinar.com/register/2477406773275103489

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