The title is a bit misleading. The state went after him because he doesn’t have an engineering license in the state. I used to be a P&C insurance agent and one of the things that we were cautioned about was using our expertise in insurance outside of our job duties. There is a degree of liability there that you don’t really want to be taking on. While on the job, you are covered by professional liability insurance if you make a mistake that causes harm to clients. Outside of your job though, the company you work for has no obligation to protect you as you aren’t acting as an agent of that company on your own time. In this case, itd be a bit of a stretch to equate the two in that there isn’t really a scenario where him talking about the infrastructure causes the state harm as far as a court would be concerned but I can kind of see where the case might have even gotten to court in the first place rather than dismissed off the bat as frivolous by the judge.
Outside of your job though, the company you work for has no obligation to protect you as you aren’t acting as an agent of that company on your own time
They can and will fire you for posting things they don’t like on social media on your own time, whether you’re right or wrong, though. With the justification that you ARE acting as a representative of the company.
If I had a dollar for every time someone got fired for saying anything remotely supportive about Palestine or criticizing cops for being bastards, I’d have enough to buy Boston.
Something that would happen a lot on some engineering forums is that someone without any experience would ask if something looked structurally ok and provide a photo. Now, if a PE said it looked ok but something happened to the building and the person was hurt, there may be a liability problem for the PE.
Yeah, but he DOES have the necessary experience to know and he’s pointing out that there IS a flaw, so your hypothetical doesn’t apply to the actual case here.
They’re trying to use his license being temporarily lapsed to keep him from embarrassing them with the knowledge he’s had the entire time.
The forum poster is soliciting advice, for the purpose of continuing use of the construction. The poster is relying on the engineer for their safety.
If a neighbor looks over the fence, and tells you “looking good Joe!”, it won’t create any sort of relationship between you, and if it is in fact not good the neighbor isn’t liable. You weren’t relying on their comment.
The engineer is publishing an open letter about work that somebody else completed, that they were never involved in. They aren’t being relied on to approve the continued use of the construction. This is the same as lawyers blogging dissenting opinions on rulings or commenting on legal proceedings in areas they haven’t passed the bar.
This is the same principle that spurs the IANAL tag people slap on to any and all posts that discuss a legal situation. Because if you let someone think you are speaking from an educated authority, you are offering them a level of expert approval or advice. And thus, any misled person can blame you for making them think you were speaking from experience and knowledge.
If you’re working for or licensed by a government agency in the USA, it gets more complicated. Your 1st ammendment rights carry more weight since firing you or pulling your license is the state taking action against you.
Obviously they can still punish you if you’re bringing “disrepute” to your employer/professiom: bigotry, obscenity, misrepresentation, ethics violations, etc.
The NC Board of Examiners and Surveyors claimed that this was punishable by a misdemeanor unless he obtained a professional engineer’s license from the state
Hard to judge, but from what’s written in the article, the ban sounds stupid enough to me, an engineer.
Seems kind of harmfully protectionist; people who know what they’re talking about can’t share what they know, except when paid and contracted to do so. That’s just going to lead to a public that is more ignorant on the topic than they otherwise would be, and realistically it isn’t possible for most people to consult an expensive expert every time they have to make a decision that expertise may be relevant to.
So, just to be clear, if I have some experience with something I would better keep quiet about it or prepend any opinion with a huge legal disclaimer, otherwise I may be sued over someone listening to what I say, is that correct?
I may see how that could be reasonable with advices (and that’s exactly why those come with “not an advice” disclaimer) but fail to see how that is reasonable in case of opinions or general statements however ridiculous they might be.
The title is a bit misleading. The state went after him because he doesn’t have an engineering license in the state. I used to be a P&C insurance agent and one of the things that we were cautioned about was using our expertise in insurance outside of our job duties. There is a degree of liability there that you don’t really want to be taking on. While on the job, you are covered by professional liability insurance if you make a mistake that causes harm to clients. Outside of your job though, the company you work for has no obligation to protect you as you aren’t acting as an agent of that company on your own time. In this case, itd be a bit of a stretch to equate the two in that there isn’t really a scenario where him talking about the infrastructure causes the state harm as far as a court would be concerned but I can kind of see where the case might have even gotten to court in the first place rather than dismissed off the bat as frivolous by the judge.
They can and will fire you for posting things they don’t like on social media on your own time, whether you’re right or wrong, though. With the justification that you ARE acting as a representative of the company.
If I had a dollar for every time someone got fired for saying anything remotely supportive about Palestine or criticizing cops for being bastards, I’d have enough to buy Boston.
It isn’t about being fired for a viewpoint.
Something that would happen a lot on some engineering forums is that someone without any experience would ask if something looked structurally ok and provide a photo. Now, if a PE said it looked ok but something happened to the building and the person was hurt, there may be a liability problem for the PE.
Yeah, but he DOES have the necessary experience to know and he’s pointing out that there IS a flaw, so your hypothetical doesn’t apply to the actual case here.
They’re trying to use his license being temporarily lapsed to keep him from embarrassing them with the knowledge he’s had the entire time.
Your forum example is different from this.
The forum poster is soliciting advice, for the purpose of continuing use of the construction. The poster is relying on the engineer for their safety.
If a neighbor looks over the fence, and tells you “looking good Joe!”, it won’t create any sort of relationship between you, and if it is in fact not good the neighbor isn’t liable. You weren’t relying on their comment.
The engineer is publishing an open letter about work that somebody else completed, that they were never involved in. They aren’t being relied on to approve the continued use of the construction. This is the same as lawyers blogging dissenting opinions on rulings or commenting on legal proceedings in areas they haven’t passed the bar.
I can’t see that anything like that would get anywhere if there was no compensation or contract entered into for that advice.
You don’t necessarily need compensation or a contract.
The point is that you dont need comp or contract.
This is the same principle that spurs the IANAL tag people slap on to any and all posts that discuss a legal situation. Because if you let someone think you are speaking from an educated authority, you are offering them a level of expert approval or advice. And thus, any misled person can blame you for making them think you were speaking from experience and knowledge.
If you’re working for or licensed by a government agency in the USA, it gets more complicated. Your 1st ammendment rights carry more weight since firing you or pulling your license is the state taking action against you.
Obviously they can still punish you if you’re bringing “disrepute” to your employer/professiom: bigotry, obscenity, misrepresentation, ethics violations, etc.
Let an AI speak on your behalf and you’re free to say whatever you want. Just ask the correct questions and you’re done
No thanks. It’s bad enough that Zuckerberg is trying to take my data and spy on me, I’m not gonna make him my spokesperson too.
You got plenty of choices about AI, llama is just one of them
I wasn’t talking about llama AI, I was referring to the fact that Mark Zuckerberg isn’t a human.
Now now. It is bad manners to talk about the reptilian aliens.
Hard to judge, but from what’s written in the article, the ban sounds stupid enough to me, an engineer.
This random person from the internet agrees.
This random person from the internet agrees,
That random person from the internet makes an irrelevant aside suggesting your comment is invalid,
and THIS random person from the internet went WEEWEEWEE all the way home
Seems kind of harmfully protectionist; people who know what they’re talking about can’t share what they know, except when paid and contracted to do so. That’s just going to lead to a public that is more ignorant on the topic than they otherwise would be, and realistically it isn’t possible for most people to consult an expensive expert every time they have to make a decision that expertise may be relevant to.
So, just to be clear, if I have some experience with something I would better keep quiet about it or prepend any opinion with a huge legal disclaimer, otherwise I may be sued over someone listening to what I say, is that correct?
I may see how that could be reasonable with advices (and that’s exactly why those come with “not an advice” disclaimer) but fail to see how that is reasonable in case of opinions or general statements however ridiculous they might be.
P&C means property and casualty in case anyone didn’t know