| Fact | Time Qualifier |
|---|---|
| 1. Engineer X, Other Engineers & Engineer Z <are employed by> Firm Y. | Pre-existing fact |
| 2. Engineer X <specializes in> Hydrology Engineering. | Pre-existing fact |
| 3. Other-Engineers <specialize in> Hydrology Engineering. | Pre-existing fact |
| 4. Firm Y <does not specialize in> Hydrology Engineering. | Pre-existing fact |
| 5. Engineer X <submits resignation to> Firm Y. | After the start of 1 |
| 6. Engineer Z <advertises or solicits engineering business using> (Engineer X <is employed by> Firm Y). [Questioned Fact] | Immediately after the conclusion of 5 |
| Questioned Fact(s): | Fact 6 |
| Questioned Actor or Actors: | Engineer Z |
| The Board's Conclusion: | Ethical |
| Code | Code Status | How Cited | Grouped With | Over rides | Why Relevant? | Why Violated, Not Violated, Changed, or Not Applicable? |
|---|---|---|---|---|---|---|
| II.5.a. | Not Violated | Explicitly Discussed | None | None | ^ Engineer distributes a brochure to solicit employment [6] ^ | ^ The Engineer's brochure does not misrepresent pertinent
facts concerning employees [5, 6, Inference based on facts]
The Engineer does not have the intent and purpose to enhance his qualifications and work [Hypo: "In the present case, there does not appear to be ... motive on the part of the principal engineer or the firm to act in a manner which will materially benefit the firm... "] ^ |
| II.3.a. | Not Violated | Referenced Only | None | None | ^ Engineer issues a professional statement [6] ^ | ^ Engineer is not truthful in the professional statement
[5]
% However, the Engineer's brochure cites only the departing engineer's employment, not his role as a "key" engineer % [6, Inference based on facts] % Also, the Engineer's brochure cites only the departing engineer's employment, not his specialization as a hydrology engineer % [6, Inference based on facts] % Finally, the Engineer does not demonstrate an intent to "enhance the firm's qualifications and work." % [Hypo: "In the present case, there does not appear to be ... motive on the part of the principal engineer or the firm to act in a manner which will materially benefit the firm... "] ^ |
| Case | Citation Type | How Cited | Grouped with | Q # | Why Relevant? | Why Distinguished or Analogous? |
|---|---|---|---|---|---|---|
| 83-1 | Distinguishing Precedent | Explicitly Discussed | None | 3 | ^ % Engineer distributes a brochure, citing an engineer who is leaving the firm % [5, 6] ^ | ^ % The Engineer's brochure cites only the departing engineer's
employment, not his role as a "key" engineer % [6, Inference based on facts]
% The Engineer's brochure cites only the departing engineer's employment, not his specialization as a hydrology engineer % [6, Inference based on facts] % The Engineer does not demonstrate an intent to "enhance the firm's qualifications and work." % [Hypo: "In the present case, there does not appear to be ... motive on the part of the principal engineer or the firm to act in a manner which will materially benefit the firm... "] ^ |