Brochure Personnel Currency Disclosure Applied to BER 83-1 Key Employee Termination
P · Principle
Individual
http://proethica.org/ontology/case/131#Brochure_Personnel_Currency_Disclosure_Applied_to_BER_83-1_Key_Employee_Termination
Properties
Instance of
BrochurePersonnelCurrencyDisclosureDuringActiveNegotiationObligation
http://proethica.org/ontology/intermediate#BrochurePersonnelCurrencyDisclosureDuringActiveNegotiationObligation
Applied to
Continued distribution of brochure listing terminated key employee after departure from firm
Balancing with
Pertinent Fact Misrepresentation Intent-and-Purpose Dual-Element Test
Concrete expression
In BER Case 83-1, the firm's continued distribution of a brochure highlighting the terminated engineer as a 'key employee' — both during the notice period and after departure — without any corrective disclosure to prospective clients, constituted a violation of the obligation to disclose material changes in personnel status during active negotiation.
Confidence
0.9
Importance
high
Interpretation
The key-employee highlighting made the personnel status change a pertinent fact that prospective clients would rely upon; the firm's failure to provide corrective disclosure during active negotiation transformed the continued distribution into an active misrepresentation.
Invoked by
BER 83-1 Firm Principal Credential-Misrepresenting Firm Principal Engineer
Tension resolution
The pertinence of the key-employee designation and the firm's awareness of the termination satisfied both elements of the dual-element test, making the currency disclosure obligation fully operative and the violation clear.
Source Evidence
Source text
The Board noted that this could easily mislead potential clients into believing that the terminated engineer, highlighted as a 'key employee', would be available in the firm for consultation on future projects.
Text references
The Board noted that this could easily mislead potential clients into believing that the terminated engineer, highlighted as a 'key employee', would be available in the firm for consultation on future projects
The engineer had distributed the brochure while the terminated engineer was still employed but had been given notice of the termination
The engineer was aware of the impending termination of the terminated engineer
TTL
@prefix case131: <http://proethica.org/ontology/case/131#> .
@prefix owl: <http://www.w3.org/2002/07/owl#> .
@prefix proeth: <http://proethica.org/ontology/intermediate#> .
@prefix prov: <http://www.w3.org/ns/prov#> .
@prefix rdfs: <http://www.w3.org/2000/01/rdf-schema#> .
@prefix xsd: <http://www.w3.org/2001/XMLSchema#> .
case131:Brochure_Personnel_Currency_Disclosure_Applied_to_BER_83-1_Key_Employee_Termination a proeth:BrochurePersonnelCurrencyDisclosureDuringActiveNegotiationObligation,
owl:NamedIndividual ;
rdfs:label "Brochure Personnel Currency Disclosure Applied to BER 83-1 Key Employee Termination" ;
proeth:appliedto "Continued distribution of brochure listing terminated key employee after departure from firm" ;
proeth:balancingwith "Pertinent Fact Misrepresentation Intent-and-Purpose Dual-Element Test" ;
proeth:conceptCategory "Principle" ;
proeth:concreteexpression "In BER Case 83-1, the firm's continued distribution of a brochure highlighting the terminated engineer as a 'key employee' — both during the notice period and after departure — without any corrective disclosure to prospective clients, constituted a violation of the obligation to disclose material changes in personnel status during active negotiation." ;
proeth:confidence "0.9" ;
proeth:discoveredincase "131" ;
proeth:discoveredinpass "2" ;
proeth:discoveredinsection "discussion" ;
proeth:firstdiscoveredat "2026-03-01T11:39:47.234904+00:00" ;
proeth:firstdiscoveredincase "131" ;
proeth:generatedattime "2026-03-01T11:39:47.234904+00:00" ;
proeth:importance "high" ;
proeth:interpretation "The key-employee highlighting made the personnel status change a pertinent fact that prospective clients would rely upon; the firm's failure to provide corrective disclosure during active negotiation transformed the continued distribution into an active misrepresentation." ;
proeth:invokedby "BER 83-1 Firm Principal Credential-Misrepresenting Firm Principal Engineer" ;
proeth:principleclass "Brochure Personnel Currency Disclosure During Active Negotiation Obligation" ;
proeth:sourcetext "The Board noted that this could easily mislead potential clients into believing that the terminated engineer, highlighted as a 'key employee', would be available in the firm for consultation on future projects." ;
proeth:tensionresolution "The pertinence of the key-employee designation and the firm's awareness of the termination satisfied both elements of the dual-element test, making the currency disclosure obligation fully operative and the violation clear." ;
proeth:textreferences "The Board noted that this could easily mislead potential clients into believing that the terminated engineer, highlighted as a 'key employee', would be available in the firm for consultation on future projects",
"The engineer had distributed the brochure while the terminated engineer was still employed but had been given notice of the termination",
"The engineer was aware of the impending termination of the terminated engineer" ;
proeth:wasattributedto "Case 131 Extraction" ;
prov:generatedAtTime "2026-03-01T11:50:23.668191"^^xsd:dateTime ;
prov:wasGeneratedBy "ProEthica Case 131 Extraction" .
Metadata
Extraction details
Discovered in case
131
Discovered in pass
2
Discovered in section
discussion
First discovered
2026-03-01T11:39:47.234904+00:00
First case
131
Generated
2026-03-01T11:39:47.234904+00:00
Attributed to
Case 131 Extraction
Generated
2026-03-01T11:50:23.668191
Generated by
ProEthica Case 131 Extraction