Adam is an engineer and a top official in the state highway department. He would
ID: 1730237 • Letter: A
Question
Adam is an engineer and a top official in the state highway department. He would like to leave his position to become an executive with an architecture/engineering firm. Adam requests permission from the state to accept the new position. The state refuses to grant permission, noting that, in accepting the position, Adam would be in violation of the state law that requires top state highway officials to wait a year after leaving the state highway department before accepting positions with firms with which the department does business. Adam leaves the state highway department and joins the architecture/engineering firm not as an “employee” but as an “independent contractor.”
Questions
Was it ethical for Adam to leave the state highway department and join the architecture/engineering firm not as an “employee” but as an “independent contractor”?
What references in the NSPE Code of Ethics support your response?
Adam is an engineer and a top official in the state highway department. He would like to leave his position to become an executive with an architecture/engineering firm. Adam requests permission from the state to accept the new position. The state refuses to grant permission, noting that, in accepting the position, Adam would be in violation of the state law that requires top state highway officials to wait a year after leaving the state highway department before accepting positions with firms with which the department does business. Adam leaves the state highway department and joins the architecture/engineering firm not as an “employee” but as an “independent contractor.”
Questions
Was it ethical for Adam to leave the state highway department and join the architecture/engineering firm not as an “employee” but as an “independent contractor”?
What references in the NSPE Code of Ethics support your response?
Explanation / Answer
no it was not ethical as law clearly says top officia;need to wait for a year before accepting post. as now adam is working as an independent engineer , though technically he is not employed directly to the firm, but his knowledge about working of state highway department will influence further project clearances and as his ultimate motive to join as executive there he will use his knowledge of the state highway departement to benefit the firm which he wants to join as executive.
code of ethics mentions certain points regarding such situation:
1:under rule of practise it is mentioned that engineer shall not reveal the facts, data or information without consent of employer or client. here adam has worked in state highway, working as independent contractor on that firm, he can use prior knowledge of department for example upcoming state highway projects, expected bidding in tender and all, and he can disclose it too the firm or use it for personal benefit, hence as per NSPE code of ethics this isnt ethical.
2:under professional obligations it is mentioned that engineer should not promote his own interest at expense of integrity of his profession by declining the laws.
3: under fundamentral canon in NPSE it is clearly mentioned that engineer should not do deceptive acts, here adam to avoid the law of waitinf for 1 year had decieved the law by joining the firms as independent contractor.
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