Paula R. > Stern (WritePoint) wanted to know:
> After a series of less than ethical interactions.I'm > interested in polling > and compiling various industries and individuals to compile a "Code of > Ethics". Please forward this on and help me if you can. > > > > What I want is: > > > > 1. Your country (I want to see if best/ethical > practices are different > between countries) Canada > 2. Your industry (same comment about different > industries) or field of > interest Data security, encryption, authentication, etc. > 3. Suggestions, lists of best practices > > > > For example: > > > > Is it acceptable to leave an employer without giving notice? If the employer has materially and unilaterally changed the conditions of employment, to your detriment, I see no reason why not. Otherwise, standard (for your area and industry) notice should apply. > / Should a > company fire an employee w/o giving notice (if yes for > either, under what > conditions?) > If the employee has materially and unilaterally changed the conditions of employment, to the company's detriment (say, they started stealing or carrying on other business on company time or via company resources, or did other things in substantial contravention of the original employment agreement). Naturally (if I had anything to say about it) the company would have to have proof of the infractions. For anything else that the company didn't like (including slipping performance) I suggest that the only ethical approach by the company is to document the problem and provide escalating warnings/opportunities for the employee to turn around. Of course, we have to be reasonable - if the industry/region standard is for a 3-month no-fault trial period at the beginning of employment and the employee's slide into dysfunction commences the day after their probation concludes, then ... :-) > > > What do you consider an ethical payment schedule (pay now, > pay w/i 30 days, > etc. etc.) Now we're talking contracting, not employer/employee. The ethical payment schedule is the one that both sides agree to, in writing, up front, and that both sides adhere to, in practice. > > Does a person have the right to leave a company and > immediately turn around > and solicit the company's customers? We have departed contracting and returned to employer/employee. In that context, they have whatever rights they have, that they have not explicitly negotiated away. My position is based on the the sane one... er, I mean the libertarian one - everybody has all rights to do anything they want, to the extent that the exercise of those rights does not infringe the rights of others. That general case is then subject to agreements undertaken by the parties, that can modify rights of contracting parties with respect to each other. The question is directed (on this list anyway) at technical writers, so the assumption is that the employment in question ia technical writing. But then a critical question with respect to the ethics of post-employment behavior is not answered. My answer to _your_ question changes depending upon whether: - the employee was working for some product-or-service company that happened to have technical writers among its variety of other functions - the employee was working for a technical writing company whose product/service that they sell is technical writing. A similar dichotomy of answers would apply if we were talking engineers and the possibilities were a company that hires engineers to develop its products and services or a company whose reason-for-existence is to supply engineering services to other companies. Same choice again to differentiate between a company that makes some product or supplies some service, and happens to have an in-house accounting department, versus an accounting company... and in this case, the former employee would be an accountant. An HR person working for just-some-company versus an HR person who was working for an HR services company. I could go on. If you understand the differing implications, then I need say little more. If you don't understand the implications of the differences between those two types of employers, then a whole _lot_ of remedial explaining (book length?) is required. Either way, if there is some sort of pertinent non-compete clause with the employee's signature below it, then that's what rules. History is replete with people or groups leaving a company to strike out on their own, either because they thought they could do it better, or because the original company didn't want to do what the new company is attempting. The ethical issue is whether you are using info that you could only have gotten via your earlier employment to steal customers... there's a lot of gray, unless you have an explicit written agreement to guide both parties (the employment contract that you signed with the first company). If you start a new company for the purpose of doing better at something, where your previous employer did a lackadaisical job, more power to you if you offer a better service to the same customer pool. Either the previous company steps up and makes their service compete, or they didn't deserve to keep the customers. By contrast, if you are the entire sales department of your company and you walk out with the Rolodex and take it to a competitor, that would seem unethical to me. If a particular situation causes you to wonder or be uncertain whether your intended action is right or not, then take a step back and honestly answer the question: If positions were reversed, how would you like to see the golden rule applied? Are you angry because somebody took advantage of your gullibility and lack of knowledge, but didn't actually do anything really wrong? Or are you angry because they took advantage of you by lying, cheating, going back on their word? Both cases are learning experiences, but in the first case your only ethical action is to suck it up. In the second case, they were the first to repudiate your (formal or implied) agreement, so you are no longer under any moral obligation to abide by your side of an agreement with them. > Etc. etc. I'm open to whatever issues/suggestions - the above > are meant > merely as ideas. Please forward whatever you think to > busin...@writepoint.com. We'd like to analyze, compile, and post. I suggest that you flesh out and firm-up the scenarios so that people don't have to fill in the blanks or don't simply answer based on their own assumptions without considering the likely other possibilities (as I had to do above). Some off-the-cuff definitions: ETHICS - your code of conduct or the rules by which you believe you should live. MORALS - the extent to which you practice your ethics. RIGHTS - reciprocal agreements of conduct (formal or implied). - Kevin The information contained in this electronic mail transmission may be privileged and confidential, and therefore, protected from disclosure. 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