Side practice and use of seals 7

[MiketheEngineer]

Work for a large company and am licensed in over 40 states. Company pays for my licensing.

Also maintain a small rather profitable side practice that in NO WAY competes with my day job.

A customer has asked that I seal a drawing that would require I use one of those out of state seals. Is that ethical??

I would happily get another seal in that state - but they would think I was crazy and it might raise some weird questions.

I think I know the answer - just asking for some other people's thoughts.

Thanks

 

[msquared48]

Since your company is paying for your seals, and you are employed by them, I wouldn't do it. If your side business is that lucrative, just start paying for the seals yourself.

I did have the circumstance though where a client wanted me to obtain the seals of several other states for their projects, knowing that I was in business for myself, and they paid for the yearly licenses. I had no problem, and neither did they, with me using those same seals for my other clients.

Mike McCann
MMC Engineering

 

[PhilBW]

You have earned your license through your education, experience, hard work, and passing a test. Your company only paid to have your accomplishments documented with a state licensing board. Using your seal outside of work will not reduce your ability to use it during work.

How about the technical seminars your company pays for you to attend. Are you obligated to use the knowledge you gain only for the employer who paid for it?

Your engineering license was issued to you in your name, and you have the right to use it any way you want so long as it meets the requirements of the state board.

 

[zdas04]

This is one of those rare cases where a cogent argument has changed someone's mind.

Before reading PhilBW's post I was thinking "if the company paid for it they own it, period". After reading his post I'm thinking "if you screw up on a company job and the legal system gets involved, is the company going to accompany you to jail?" No they aren't.

I would say that paying for the seals comes under the same category as their paying for a travel meal--they really don't own any tangible material that results from the meal.

David

 

[MiketheEngineer]

I do carry independant insurance

 

[MikeClay]

My company does not pay for my license. They reimberse ME for the cost as part of my benefits package.

As long as your employment agreement allows the side buisness, I don't see an ethical issue.

--Mike--

 

[JStephen]

I can't imagine there being a question because of which seal you used. It's not like you just borrow seals from your employer and have to turn them in if you leave.

The moonlighting is a different issue, but the physical seal shouldn't matter.

 

[DonPhillips]

I picked up many licenses when I worked for a forensic company and I never felt they owned a license just because they paid for it. It helped them create more impressive CV's and allowed the firm to say "licensed in all 50 states, 1 district, and two territories."

Don Phillips

http://worthingtonengineering.com

 

[Ron]

First, assuming your company knows of the moonlighting, they should be informed that you intend to use it for those purposes. If they have a problem, tell them you will reimburse them for the cost of you license in that state or any others you might use on the side.

If you use a license paid for by the company, the company might perceive that they incur liability for you actions outside the company's work. For this you might want to indemnify them for your outside work.

 

[DonPhillips]

I agree with Ron. If you moonlight, you really need the blessing of the company. Not that the firm has any real liability, it is that lawyers will sue the firm as a (relatively) deep pocket and it costs a lot to defend. My E&O carrier strongly recommends that all employees not do work on the side for that reason.

Don Phillips

http://worthingtonengineering.com

 

[msquared48]

I have to agree with Ron here.

As this is the forum on Professional Ethics, I just feel that, although the subject area may be gray to some here, personally, and professionally I don't want to go there...at all.

Mike McCann
MMC Engineering