DP2

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

DP2

Was it ethical for Engineer A to establish his own independent firm in Clover City, given that the client overture motivating his departure arose directly from work performed during active ABC employment?

Engineer A established his independent firm in Clover City after receiving an unsolicited overture from city officials. He held no ownership stake in ABC, signed no non-compete agreement, and the free enterprise principle broadly supports an engineer's right to establish independent practice. However, the faithful agent obligation applied during active employment, and the conditions that made departure attractive — Clover City's favorable impression — were generated by out-of-scope work Engineer A performed on ABC's time and under ABC's contractual umbrella.

Resign from ABC and establish an independent firm in Clover City after completing the water treatment report engagement, relying on the free enterprise principle and the absence of a non-compete agreement as the permissive baseline, while voluntarily refraining from soliciting ABC's clients for a reasonable period.

Before resigning, disclose to ABC both the out-of-scope tank work and Clover City's overture, allowing ABC to formalize the tank work through a supplemental scope agreement and to consent to or contest Engineer A's departure — thereby ensuring the conditions motivating departure were ethically generated and transparent.

Exercise the right to independent practice by establishing a firm that does not directly compete for ABC's existing client base in Clover City, preserving Engineer A's professional autonomy while minimizing the institutional harm to ABC from the departure of its primary Clover City contact.

Engineer A