Ethical Blow... 1

[realitystruck]

I exited the engineering profession about 8 years ago when it hit home that my employer was more concerned about saving the product line than the consumers who owned a recalled product that was catching fire in their homes. Although the employer jumped through the hoops dictated by either the CPSC and FDA, there was an underlying top-down aura of "save the product line". At the time, there had been no total structure fires or injuries.

During the investigation into the cause, the VP of Engineering stated "I've never let anybody in my family own one of these". This was conveyed as a personal decision even before the first report of a fire. That struck me terribly. I had been operating under the notion that engineering was about "improving the quality of life". Even after the design modification, the head engineer of the company who authorized the shipment of the product to the masses, wouldn't have one in his or any other family member's home.

Now 8 years later, a boy died is a house fire and fire investigations have narrowed the cause down either to the aforementioned product, or the recepticle into which it was plugged.

I've been asked to go in and be interviewed by my previous employer's attorney. I've never been through a situation like this before and am looking for insights. Any thoughts?
suggestions?

/realitystruck

 

[Lewish]

Having been around some of these kinds of things I have a few thoughts that may be helpful. Fortunately, in every case I was close to, the company I was working for was being sued because their product was in the same room, they were a somewhat smaller company than the one whose product actually caused the fire, so easier to sue.
Normally it would be the plaintiff's attorney who would be wanting to interview you, so I suspect your former employer's attorney is looking for someone to hang it on rather than management. I would advise against any such interview without having an attorney of your own present. As soon as you indicate this requirement, they will probably look for someone else.
Attorneys always look for the easiest target. They are contract bound to protect management, so they are looking for someone easy to pin the blame on. Be VERY cautious and don't answer any questions without legal advise.

My $0.02 worth.

 

[BrianG]

Lewish is certainly right to advise caution. I don't know how different the law is in the USA but here in England company law says that ultimately its Directors (i.e. in your terms the VP of Engineering, CEO, etc.) are responsible for product liability, so they can't pass the blame off on to some poor employee.

I am fortunate that I have not been placed in your position with any of the companies I have worked for, so I can't offer first-hand advice, but I certainly think you did the right thing by leaving the company concerned. I don't know if you've considered "whistle blowing" to the press if necessary? I wish you well in resolving the problem.

 

[TheBlacksmith]

I'll not debate the ethics of company lawyers, but you need a lawyer working for you. This is basically a "civil action", which is devoid of most of the "rights" such as the right to not incriminate yourself, that are part of a criminal trial. You may need legal advise on each and every question as it is asked. As Lewish points out, once your lawyer contacts them, they may drop it.

Another $0.02

Blacksmith

 

[IRstuff]

As to your preamble, I'm disappointed that you failed to distinguish between engineering as a profession and business.

In both cases, they are amoral, i.e., neither for nor against good or evil. What one does with it the knowledge and power is driven by one's own morality. That's what allows engineers to design PC's or weapons of mass destruction.

The difference is that you are or were an engineer and the mathematical, physics and engineering principles that you learned in school and on the job are under your direct control and your moral code. You did the right thing by not participating in a bad situation, but to give up on engineering is and was not necessary.

The corollary to this is the happenings to the Catholic church and their recent relevations. The realization should be that this and the things that happened in your company are caused by fallible humans, who have a tendency to stray.

A resistor is a resistor, whether in a toaster or bomb. It's your choice whether give up on resistors all together or use them only to make toasters and the like.

TTFN

 

[dpc]

If you are deposed, the most important advice is DON'T VOLUNTEER information. Engineers are notorious for this. Answer the question asked as succinctly as possible. I agree with Lewish that you probably need legal counsel.

 

[pebe]

If you want to further the cause of justice, then just be honest.

 

[Lewish]

Be honest in all cases, but forget the "cause of justice". It is the attorney for the company at fault that wants to "interview" him. That means they are looking for a scapegoat. There have been too many recent court cases where blame was passed from management to the engineers, and the engineers were thus stuck with the liability, even though they were just following orders.
I quit a company in 1993 because the President of the company gave me a direct order to lie to a customer. He is now serving 20 years in a federal pen for fraud.

$0.02 more worth.

 

[electricpete]

I will side with the overwhelming majority that urge caution. For you personally, you have little to gain and much to lose. What actually happened all those years ago may have little to do with what happens in the courtroom.

 

[Rich2001]

Having been through several cases. Her are a few items.

If you are deposed, do not waive your right to review and correct the deposition. State this on the record. (many time the recorder will eliminate foul language and the like.)

Get the attorney to agree to pay you for your time and legal expenses, get this on the record. Refuse to answer any question unless he agrees on the record. and that he will pay you with 7 days.(This might throw him for a loop and he will lose his train of thought, and also put in in contol of the deposition.)

If any sarcasm or foul language that the attorney display, mention on the record that you are displeased with the attorney actions,sta ethat you respect him and his profession antd that you expect the same. If the you are called into court have that state along with the attorneys statement read so that the judge and jury can here his antics.

Wish you the best of luck.

 

[realitystruck]

Folks I appreciate all the insights. I had my little discussion with the corporate attorneys a few days ago. I can't afford my own attorney at this juncture and went on my own. Present were my old boss, his boss (previously mentioned Chief Engineer), and two attorney's.

I have the luxury of having nothing to loose. So, I gave them an interview I'm sure they'll not soon forget. I let them know that I had real issues with the Chief feeling the product was not safe enough for his family, but that he'd authorize to ship to consumers.

The company's attorneys tried to pin me into a corner on a silly issue of whether or not I wanted them to contact the family's attorneys on my behalf. I found this most unusual and stated that if the family's attorney's wanted to contact me, I'd be available. For some odd reason, the company's attorney didn't like this answer. They began to push for a "yes" or "no" answer to their question of contacting the family's attorneys on my behalf. I got a large sense that there's something behind their question that I still can't fathom. The company attorneys outright stated that if the family's attorneys wanted to reach me, that they'd have to seek me out and found me on their own as they wouldn't provide them with my current contact information. They said this was IF the family's attorneys thought that my "little insignificant role" in this whole recall was even worth their trouble. I let them know that I thought this was pretty disgusting way to operate and that it was pretty unbelievable. I still wouldn't answer their question on acting on my behalf in contacting the family's attorneys and they got pretty upset!

I am usually a pretty calm and reserved guy. However although I may have somehow dug myself a nice little hole, I must let you know that I took complete pleasure in getting everything out on the table. I did charge for my time.

I thought about you guys and your replies while I was in there, and just went for it as user "pebe" stated and was just honest. Thanks for all the great replies. I'll keep you posted in this forum somewhere.