Statements in Employee Resume
Case 166
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Doe was not in violation of the code for rewriting his employment resume to emphasize his managerial and administrative experience and play down his technical experience in order to obtain new employment.
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We construe Section 3(e) to include employment, although the word "listed" reference to being "listed" for employment, although the work "listed" connotes being placed on the roster of an employment service. Under the stated facts there is little doubt that Doe embellished the facts of his experience in order to obtain new employment, his field of technical expertise having "dried up" during the aerospace unemployment crisis. It would be easy to say that his distortion of his experience was an "exaggeration" of the facts and thus cannot be excused as an ethical matter. In the absence of any previous decisions on this section of the code, however, and under the circumstances stated, we are inclined to the more charitable view that his action can be condoned as something less than an "exaggeration" in that it more nearly might be considered a degree of emphasis. This is an established and accepted form of sales technique in which the seller proclaims all of the virtues of his product and conveniently ignores its less desirable features. To be sure, what we have said is a matter of degree. The purpose of Section 3(e), we prefer to believe, is to protect a prospective employer from being deceived as to the competence of an engineer-applicant in order that the employer not be tricked into entrusting important engineering decisions to one not qualified to make them. In this case, however, Doe could truthfully show some degree of competence in the managerial and administrative technical area of the employment, even though he strongly emphasized its extent and level. We hold that the word "exaggerated" in the code applies only to deliberate untruths of the facts of former employment rather than the emphasis placed on the degree of experience or other qualifications which may be involved. Note: The following Code sections no longer exist: Code of Ethics-Section 3(e)-"The engineer will not allow himself to be listed for employment using exaggerated statements of his qualifica...
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John Doe had been employed as a design engineer in an aerospace company for twelve years, during which time he had been assigned to the performance of highly technical and complex engineering design work. Along with thousands of other engineers in the aerospace industry, he was laid off when contracts with his company were terminated and new work was not forthcoming. After many months of seeking a new job in his specialized field with no success he was advised by an employment counselor that his only opportunity lay in finding a position involving management and administration of engineering work. Doe had had some managerial and administrative experience of a minor nature in connection with his former employment but felt he could perform satisfactorily at a higher level in that related field of technical activity if given the opportunity. After being turned down repeatedly for technical managerial or administrative positions because his resume showed a lack of such experience, he devised a new resume which played down his technical design experience and expertise and emphasized his minor managerial and administrative function in his former employment as an important responsibility. As a result he was able to obtain a new job which involved responsibilities in his general field of technical expertise.
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Was Doe in violation of the code for rewriting his employment resume to emphasize his managerial and administrative experience and play down his technical experience in order to obtain new employment?
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Find Similar CasesD-tuple Component Breakdown
127
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
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384D
Employment Counselor Career Advisor
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Aerospace Company Resume-Deceived Prospective Engineering Employer
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Aerospace Sector Prospective Engineering Employer
The prospective employer(s) to whom Doe applied for employment, whose legitimate interest in accurate qualification...
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Principles
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384D
Honesty in Professional Representations Violated By Doe
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Economic Hardship Non-Excuse For Professional Misrepresentation Invoked By Doe Circumstances
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Deliberate Untruth Threshold for Qualification Exaggeration Violation
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Economic Hardship Non-Excuse for Professional Misrepresentation
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Third-Party Career Advisor Non-Absolution of Engineer Ethical Responsibility
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Technically True But Misleading Statement Prohibition Invoked By Doe Resume
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Contextual Resume Emphasis Permissibility Principle Invoked As Potential Defense
Doe might argue that his resume merely emphasized a genuine - if minor - aspect of his actual experience, which is...
Pertinent Fact Misrepresentation Intent-and-Purpose Dual-Element Test Applied To Doe
Both elements of the dual-element test are satisfied in Doe's case: (1) the balance of managerial versus technical...
Third-Party Career Advisor Non-Absolution Invoked By Employment Counselor Advice
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Contextual Resume Emphasis Permissibility Invoked for Doe's Managerial Experience Emphasis
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Ethics Code Provision Teleological Scope Limitation Applied to Section 3(e)
The board interpreted the scope of Section 3(e)'s prohibition on 'exaggerated statements' by reference to the...
Deliberate Untruth Threshold Applied to Doe Qualification Representation
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Economic Hardship Non-Excuse Acknowledged But Contextually Mitigated in Doe Case
The board acknowledged Doe's genuine economic distress (aerospace unemployment crisis, dried-up specialty) as...
19 entities
Obligations
O
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Doe Resume Role-Balance Misrepresentation Prohibition
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Doe Resume Implication-Based Role Misrepresentation Prohibition
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Doe Employment Role Competence Honest Representation Violation
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Doe Economic Hardship Non-Excuse Resume Misrepresentation
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Doe Third-Party Career Advisor Non-Absolution Resume Honesty
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Aerospace Employer Right to Accurate Qualification Disclosure
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Doe Genuine Competence Prerequisite Managerial Emphasis Aerospace Resume
Doe was obligated to ensure that his strong emphasis on managerial and administrative technical experience was...
Doe Selective Emphasis Competence Deception Boundary Managerial Resume Aerospace
Doe was obligated to ensure that his selective emphasis of managerial qualifications did not cross into deceiving...
Doe Third Party Career Advisor Non-Absolution Employment Counselor Aerospace
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Doe Economic Hardship Non-Excuse Resume Honesty Aerospace Unemployment
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Employment Role Competence Honest Representation Obligation
Duty of a licensed professional engineer seeking employment to accurately represent the balance and level of their...
Economic Hardship Non-Excuse Resume Misrepresentation Prohibition Obligation
Duty of a licensed professional engineer experiencing genuine economic hardship - including prolonged unemployment...
Third-Party Career Advisor Non-Absolution Resume Honesty Obligation
Duty of a licensed professional engineer to maintain personal ethical responsibility for the accuracy and honesty of...
Doe Selective Emphasis Competence-Deception Boundary Violation
John Doe was obligated to ensure that any selective emphasis of his managerial qualifications remained within the...
Doe Pertinent Fact Dual-Element Misrepresentation Test Violation
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Doe Employment Seeking Resume Omission Materiality Self-Assessment Failure
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Exaggeration Code Provision Deliberate Untruth Threshold Compliance Obligation
Duty of a licensed professional engineer to understand and comply with the ethics code prohibition on 'exaggerated...
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Genuine Competence Prerequisite for Permissible Resume Emphasis Obligation
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22 entities
States
S
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384D
Doe Resume Experience Emphasis Reframing
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Doe Resume Qualification Emphasis Reframing
Engineer Doe's presentation of managerial/administrative qualifications in job application
Doe Prolonged Unemployment and Career Transition Pressure
John Doe's employment situation following aerospace industry layoff
Doe Adjacent Role Competence Self-Assessment Without Track Record
John Doe's sincere but unverified belief in his ability to perform engineering management/administration at a higher...
Doe Prolonged Aerospace Unemployment Career Transition Pressure
Engineer Doe's professional situation following aerospace industry contraction
First Ethics Board Ruling on Code Section 3(e) Exaggeration-Emphasis Boundary
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Doe Exaggeration-Emphasis Threshold Determination
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Prolonged Unemployment Inducing Career Transition Pressure State
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Adjacent Role Competence Self-Assessment Without Demonstrated Track Record State
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Resources
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Absence-of-Prior-BER-Decisions-on-Section-3e
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Misrepresentation_in_Business_Dealings_Standard_Employment
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NSPE-Code-Section-3e-Qualification-Listing
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NSPE_Code_of_Ethics_Resume_Misrepresentation
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Qualification_Representation_Standard_Resume_Context
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Engineer_Competence_Scope_Standard_Management_Role
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Qualification-Representation-Norm-Employment-Context
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7 entities
Actions
A
w=0.1
384D
Pivot Job Search Strategy
Create Embellished Resume
Accept Position Under Embellished Credentials
Ethics Board Interpretation Decision
4 entities
Events
E
w=0.08
384D
Industry Downturn Contract Loss
Prolonged Job Search Failure
Management Application Rejections
New Position Secured
Ethics Board Ruling Issued
5 entities
Capabilities
Ca
w=0.07
384D
Doe Resume Selective Emphasis Boundary Discrimination
John Doe lacked or failed to exercise the capability to correctly distinguish between permissible selective emphasis...
Doe Resume Implication-Based Deception Self-Recognition
John Doe lacked or failed to exercise the capability to recognize that his restructured resume, while not containing...
Doe Employment Competitive Pressure Non-Justification Self-Application
John Doe lacked or failed to exercise the capability to recognize that the highly competitive employment environment...
Doe Economic Hardship Non-Excuse Self-Recognition
John Doe lacked or failed to exercise the capability to recognize that his genuine economic hardship arising from...
Doe Third-Party Advisor Non-Absolution Self-Recognition
John Doe lacked or failed to exercise the capability to recognize that the employment counselor's advice to pursue...
Doe Resume Role-Balance Proportional Representation
John Doe lacked or failed to exercise the capability to ensure that his resume accurately represented the...
Doe Pertinent Fact Misrepresentation Test Application
John Doe lacked or failed to exercise the capability to apply the dual-element misrepresentation test to his own...
Doe Resume Omission Materiality Self-Assessment
John Doe lacked or failed to exercise the capability to assess whether the systematic de-emphasis of twelve years of...
Aerospace Employer Resume Verification Inquiry
The aerospace company that hired Doe lacked or failed to exercise the capability to recognize ambiguity in Doe's...
Doe Inadvertent vs Intentional Misrepresentation Distinction
John Doe lacked or failed to exercise the capability to recognize that his resume restructuring was not an...
Doe BER Resume Misrepresentation Spectrum Triangulation
John Doe lacked or failed to exercise the capability to triangulate between BER precedents on permissible selective...
Doe Resume Competitive Employment Ethical Stakes Recognition
John Doe lacked or failed to exercise the capability to recognize the heightened ethical stakes of resume...
NSPE Ethics Board Exaggeration-vs-Emphasis Deliberate-Untruth Threshold Interpretation Doe Case
The NSPE Board of Ethical Review demonstrated advanced capability to interpret the code term 'exaggerated' as...
NSPE Ethics Board Resume Selective Emphasis Misrepresentation Boundary Doe Case
The NSPE Board demonstrated expert capability to locate Doe's conduct on the spectrum from permissible emphasis to...
Doe Resume Selective Emphasis vs Misrepresentation Boundary Aerospace Management Case
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Economic Hardship Non-Excuse Resume Misrepresentation Self-Recognition Capability
Capability of a licensed professional engineer experiencing genuine economic hardship - including prolonged...
Third-Party Career Advisor Non-Absolution Personal Ethics Responsibility Capability
Capability of a licensed professional engineer to recognize that advice received from a non-engineering career...
Resume Role-Balance Accurate Proportional Representation Capability
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Doe Section II.5.a Implication Scope Interpretation
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Exaggeration-vs-Emphasis Code Term Deliberate-Untruth Threshold Interpretation Capability
Capability of a licensed professional engineer or ethics reviewing body to correctly interpret the term...
Genuine Underlying Competence Condoning Condition Self-Assessment Capability
Capability of a licensed professional engineer who has selectively emphasized a particular area of experience on a...
Employment Qualification Code Provision Scope Extension Purposive Interpretation Capability
Capability of a licensed professional engineer or ethics reviewing body to interpret a professional ethics code...
Doe Exaggeration-vs-Emphasis Deliberate-Untruth Threshold Self-Application
Doe possessed, but failed to fully exercise, the capability to recognize that the ethics code's prohibition on...
Doe Genuine Underlying Competence Condoning Condition Self-Assessment Aerospace Management
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NSPE Ethics Board Genuine Competence Condoning Condition Assessment Doe Case
The NSPE Board demonstrated the capability to assess whether the condoning condition for permissible emphasis was...
NSPE Ethics Board Employment Qualification Code Provision Scope Extension Doe Case
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Doe Ethics Code Purposive Scope Employment Qualification Employer Protection Reading
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27 entities
Constraints
Cs
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384D
Doe Career-Phase Ethics Universal Applicability - Employment Seeking Phase
John Doe was constrained by the full scope of NSPE professional ethics obligations during the employment-seeking...
Doe Economic Hardship Non-Excuse Embellishment Aerospace Unemployment Discussion
Doe's genuine economic hardship arising from the aerospace unemployment crisis and the drying-up of his technical...
Doe Sales Technique Analogy Resume Emphasis Permissibility Aerospace Management
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Doe Resume Experience Balance Proportionality Misrepresentation Aerospace Unemployment
Doe was constrained to preserve accurate proportionality in the representation of his experience balance on his...
Third-Party Career Advisor Resume Strategy Non-Absolution Constraint
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Adjacent Domain Competence Self-Assessment Misrepresentation Non-Excuse Constraint
Ethical constraint establishing that a licensed professional engineer who sincerely believes in good faith that they...
Doe Employment Seeking Economic Hardship Non-Excuse
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Doe Third-Party Career Advisor Non-Absolution
John Doe was constrained from treating the employment counselor's advice to seek management positions as an ethical...
Doe Resume Experience Balance Proportionality Distortion
John Doe was constrained from systematically de-emphasizing twelve years of dominant technical design experience...
Doe Adjacent Domain Competence Self-Assessment Non-Excuse
John Doe was constrained from using his sincere but unverified belief that he could perform satisfactorily at a...
Doe Competence Constraint - Managerial Role Beyond Demonstrated Track Record
John Doe was constrained by the boundaries of his demonstrated competence: twelve years of highly technical...
Employer Qualification Deception Protection Teleological Constraint
Ethical constraint establishing that the purpose of code provisions prohibiting exaggerated or misrepresented...
Section 3e Employment Scope Interpretive Extension Doe Case
The BER was constrained to construe Section 3(e)'s prohibition on exaggerated qualification statements as applying...
Doe BER Intent-Differentiated Misrepresentation Severity - Deliberate Intent Present
John Doe's conduct fell on the high-severity end of the intent-differentiated misrepresentation spectrum: unlike...
Employment Seeking Economic Hardship Non-Excuse Misrepresentation Constraint
Ethical constraint establishing that a licensed professional engineer who faces genuine economic hardship -...
Resume Experience Balance Proportionality Misrepresentation Constraint
Ethical constraint establishing that a licensed professional engineer who restructures a resume to seek employment...
Doe Resume Emphasis Permissible Boundary Violation
John Doe was constrained from restructuring his resume in a manner that crossed from permissible selective emphasis...
Doe Pertinent Fact Dual-Element Misrepresentation Test Application
John Doe was constrained from making representations on his resume that satisfied both elements of the...
Doe Exaggeration Deliberate Untruth Definitional Boundary Resume Aerospace
Doe was constrained by the code prohibition on 'exaggerated' qualification statements, which the BER held applies...
Code Provision Employment Scope Interpretive Extension Constraint
Ethical and regulatory constraint establishing that a code provision whose literal language connotes a specific...
Exaggeration-Deliberate-Untruth Definitional Boundary Constraint
Ethical constraint establishing that the code prohibition on 'exaggerated' qualification statements in...
No-Prior-Precedent Charitable Interpretation Leniency Constraint
Defeasible ethical constraint establishing that when a professional ethics reviewing body is called upon to...
Genuine Competence Minimum Threshold Permissible Emphasis Constraint
Defeasible ethical constraint establishing that selective emphasis of a particular area of professional experience...
Sales Technique Analogy Resume Emphasis Ethical Permissibility Constraint
Defeasible ethical constraint establishing that selective emphasis of genuine qualifications on a professional...
BER Employer Protection Teleological Reading Section 3e Doe
The BER was constrained to interpret Section 3(e) by reference to its employer-protection purpose - protecting...
No Prior Precedent Section 3e Charitable Interpretation BER Doe
In the absence of any prior BER decisions interpreting Section 3(e)'s prohibition on exaggerated qualification...
Doe Genuine Competence Minimum Threshold Managerial Emphasis Permissibility
Doe's selective emphasis of his managerial and administrative experience was permissible only because he could...
Doe Consulting vs Employment Context Competence Flexibility - Employment Context Non-Remediation
John Doe, by seeking an employment position in engineering management and administration, was constrained by the...
28 entities
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