All In Kirschenbaum

Careful on 1099 vs Employee: Wrong Contract Can Bite You in the … Achilles

Security dealer hires full-time ‘independent’ 1099 salesman who gets bit by a dog during a sales call. Who is liable for medical expenses and lost wages?

Julie Jacobson · August 13, 2018

Thorny Legalities of Video Surveillance in MDU Applications

Supplying surveillance video for ‘lawful purposes’ of apprehending suspects is OK., but there are numerous complex legalities for which dealers need protection.

Jason Knott · June 20, 2018

6 Questions to Ask Your Errors & Omissions Insurance Broker

Attorney Ken Kirschenbaum suggests security dealers and other service-oriented businesses request these statistics to select the best E&O insurance provider.

Julie Jacobson · June 12, 2017

Can Integrators Force Employees to Pay for Vehicle Damage?

Who is liable for vehicle damage caused by technician who crashes a company car while texting? What about insuring employees’ personal vehicles?

Jason Knott · May 29, 2017

Ouch! ‘Loose’ Work Orders Can Lighten Your Wallet, Kill Your Company

Integrators who do not have the proper legal language in their initial contracts, POs or Work Orders, or do Change Orders based on email agreements, are losing in court.

Jason Knott · March 14, 2017

Your Clients Can Now Trash You Online… And You Cannot Contractually Stop Them

New law called the Consumer Review Fairness Act of 2016 enacted in the waning days of the Obama Administration prevents integrators from including a non-disparagement clause in their contract, specifically protecting consumers’ right to post negative reviews. Law takes effect March 14, 2017.

Jason Knott · February 22, 2017

4 Immediate Steps to Take If Your Client Suffers a Burglary, Fire … or Worse

If one of your clients’ homes has an incident and you receive a ‘claim letter’ inquiry, you need to immediately contact your insurance company, preserve all records related to that account, limit what you provide to the client’s insurer or lawyer, and don’t try to explain what happened.

Jason Knott · January 13, 2017

Is Your Distributor Charging You ‘Retail’ Sales Tax?

Recent court ruling nails out-of-state wholesale security distributor for not charging integrators ‘retail sales tax.’ Integrators are deemed as ‘true end users’ of the equipment.

Jason Knott · December 19, 2016

Mistakes to Avoid with Client Contracts: Who Should Sign & Who Shouldn’t?

Integrators will not fare well in court enforcing change orders, service agreements or alarm monitoring contracts that are unsigned or signed by unauthorized employees. Adding signature provisions that stipulate certain signatures are required can make it even worse.

Jason Knott · December 09, 2016

Calif. Bill to Threaten Annual Auto-Renewal Clause in Contracts

SB 1428 would make all monitoring agreements with annual auto-renewal clauses revert to just month-to-month renewals upon expiration of initial term. Requires renewal clauses to be more conspicuous in contracts.

Jason Knott · October 31, 2016