Putting Voluntarism into Action Professionally

[lbnuke]

I had a professional experience I'd like to share that I think is a good example of implementing voluntarism into my professional life. 

I am a licensed professional engineer. I had a client that I did work with for about 6 months who used my stamp and signature in my absence, without my permission. This is fraudulent and a form of identity theft. I discovered this through working with another, mutual client of ours. I found a set of drawings with my stamp and signature that I didn't work on. Tracing the paper trail, I found the client who used it without my permission, while I was on vacation. Once discovered, I called that client, but only got his voicemail.

I called the local police where I live to ask what to do. They said the complaint must be made in the jurisdiction where the crime took place (different than my home). So, I called the jurisdiction where the crime took place and they instructed me to file a report with my local police and then file for a transfer to their jurisdiction. Things complicated further when I mentioned that this client operated in a third jurisdiction, in a different state. I called the police where the client operates and they said they can't do anything unless the report and complaint came from the jurisdiction where the crime took place. So... plan in mind: put together the evidence (emails, phone calls, documentation, etc.), make copies, go to my local police to file a report, transfer that report to the jurisdiction where the crime took place, that jurisdiction investigates, contacts the jurisdiction local to my client, we get lawyers involved, mitigate, potentially litigate (blah, blah, blah). Seeing this as the option that the state had for me, I wanted to act in a voluntary manner and leave the state out.

I then spoke with a fellow FDR member about options. We discussed non-police action and staying out of the courts. He really liked the idea that I came up with.

 

I finally got through to the client and explained my thinking and that I didn't think that either of us would want to go through that process. I then told him I would send him a proposed contract, similar to our standard professional services agreement. I've attached that agreement in its executed form, with names and projects greyed out for confidentiality.

 

This agreement essentially put forth a plan of action where I would take over professional liability for the work that was done in my absence, after reviewing the documentation and performing the necessary calculations to verify that the work is suitable for installation. It also required that my client acknowledge the fraudulent activity that was done. We agreed to my standard fee plus 20% to cover for the extra work involved in executing, heart-ache, etc. The client was very thankful of this approach. While I specifically told him we won't do business together, he was thankful to not get involved in the court system.

 

When I spoke with other engineers that I practice with about what I had chosen to do, they were outraged. "You should contact the state license board!" "Your should sue him and put him out of business!!" "What's to stop him from doing it again if he only pays a 20% premium?!?". While these are valid concerns for society's status quo for approaching these situations, I don't like society's solutions and do not want to point guns at people to solve the problems. This man didn't pose a direct threat to myself or my family and was treated as such.

 

I then thought about the "what's to stop him from doing it again" phrase, brought up by A LOT OF PEOPLE who heard about my choice to pursue this action. I simply responded with "what's to stop him if we go through the courts? He clearly has my stamp and signature on his computer (.jpeg file) and can use it as he wishes. This is true whether the state is involved or not. My way, I have an open admittance of his guilt, he fessed up to the choice he made, the proper parties (common clients we share) were notified and know what happened. Actually, he's in a worse situation now because some of his best clients won't work with him anymore after this incident. So... tell me, what would stop him in your world?". About 50% of people understood this and agreed with my point.

 

Also, because the state is our foregone conclusion for how to handle these types of conflicts, not many people build this type of negotiation into their contracts BEFORE THIS TYPE OF THING HAPPENS. This is very unfortunate, as a simple one-page summary identifying a path and party to resolving these disputes would help resolve these issues without involving the heavy hand of the state.

 

Does anyone else have similar experiences they can share? What do you think of the approach that I took?

 

[luxfelix]

Very Downton Abbey of you. 

 

Another response for "what's to stop him from doing it again," is that now his reputation will be tarnished; those with standards, or similar concern, will hire someone else, yet your recourse allows any other individual the ability to make the choice, to ostracize or not, on their own.

 

With regards to building in a clause for mediation venues etc., that is very smart (there's some kind of DRO site online in the works... don't remember where...  ). In cases where each party have first-rate reputations, trust can reduce time and operating costs.

[LovePrevails]

well played

[MagnumPI]

I had a colleague/employer in nearly the exact situation. Didn't go through courts, but didn't offer to help. Just said you owe me money for work performed and you don't get my stamp. The company lost its ass on the project, brought in a stooge to rubberstamp multi-million dollar project, then lost their asses again when the drawings weren't viable. Not quite as formal but similar approach.

 

Also, there are private arbitration companies like the American Arbitration Association that handle such matters.

 

As far as stopping them, the client has to give a shit in order for shame and reputation to work. In this Atlas Shrugged society, its tricky to find those types of people. But until we(can) stop doing business with these bitches its how it goes.