DP5

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

DP5

Should Engineer C, upon learning that Engineer A has used her anticipated departure to make misleading representations to Firm X's clients without her authorization, take corrective action to clarify her actual status and intentions, or treat the matter as Engineer A's independent conduct for which she bears no responsibility?

Engineer C accepted Engineer A's offer to join Firm Y. Engineer A subsequently used Engineer C's anticipated departure as the basis for representations to Firm X's clients that Firm X would be 'hard pressed' to perform — representations that may have been made without Engineer C's knowledge or consent and that may have mischaracterized her intentions or timeline. The question is whether Engineer C bears an independent ethical obligation to correct the record with Firm X or its clients if she becomes aware that her name and anticipated departure are being used to mislead third parties.

Upon learning that Engineer A has used her anticipated departure to make representations to Firm X's clients that mischaracterize her intentions or timeline, proactively clarify her actual status and the terms of any commitment she has made to Firm Y, enabling Firm X to correct the record with its clients.

Refrain from any corrective action on the grounds that Engineer A's representations to Firm X's clients are his independent conduct for which Engineer C bears no professional responsibility, and that Engineer C's only obligations are to honor confidentiality of Firm X's proprietary information and to perform her new role at Firm Y competently.

Notify Engineer A that she does not authorize the use of her anticipated departure as a basis for representations to Firm X's clients, without directly contacting Firm X or its clients, placing the corrective obligation on Engineer A while preserving Engineer C's professional relationship with her new employer.

Engineer C