DP1

DecisionPoint
http://proethica.org/ontology/cases#DecisionPoint

DP1

Should Engineer A honor his pre-departure non-competition representation by refraining from recruiting Firm X staff and soliciting Firm X clients, or proceed with competitive expansion on the grounds that no legally enforceable non-compete agreement exists?

Engineer A departed Firm X after explicitly representing he would start a one-person consulting firm and would not compete with Firm X. Within one month, he recruited Engineer C from Firm X and solicited Firm X's clients. The core question is whether Engineer A's voluntary pre-departure representation created a binding ethical obligation constraining his subsequent competitive conduct — specifically the recruitment of Firm X staff and direct solicitation of Firm X clients.

Refrain from recruiting Firm X employees and directly soliciting Firm X clients for a meaningful period following departure, consistent with the one-person firm representation made to Firm X, competing only on the merits of Firm Y's independent capabilities.

Proceed with recruiting Firm X staff and soliciting Firm X clients on the grounds that no legally enforceable non-compete covenant exists and the at-will employment symmetry principle fully protects competitive mobility, treating the departure statement as an informal expression of present intent rather than a binding commitment.

Return to Firm X to disclose that business conditions have changed and that Firm Y will need to expand beyond a one-person operation and compete for clients, giving Firm X the opportunity to seek contractual protections or adjust its reliance on the original representation before Engineer A proceeds with competitive conduct.

Engineer A