Users Guide to the Principles for Professional Conduct
| Index to Ethics Guide |
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Principles for Employer Professionals
3. Provision of accurate information, responsibility for commitments made, and ethical treatment when commitments must be changed.
“Employment professionals will supply accurate information on their organization and employment opportunities. Employing organizations are responsible for information supplied and commitments made by their representatives. If conditions change and require the employing organization to revoke its commitment, the employing organization will pursue a course of action for the affected candidate that is fair and equitable. (See Third Party Principle 5)
(Intent / Rationale / Scenario / Resolution / Resources)
Intent
Employers will provide accurate information about their organizations,
allowing candidates to make valid choices about employment offers.
Employers will treat candidates fairly when the employing organization’s
offers must be withdrawn.
Rationale
Candidates are entitled to accurate information with which to make
a reasonable decision about an employment offer. The repercussions
of a poorly made choice make it imperative that the employer provide
information that allows the candidate to choose based on a rational
and complete analysis of how this opportunity relates to the candidate’s
self-appraised needs and goals. Likewise, a choice made on inaccurate
or incomplete information can harm the employer in the form of turnover
and extra recruitment costs.
Beneath this all is the acknowledgement of the human right of autonomy,
i.e., being able to function independently of the control of others
and to use one’s reason to make choices about one’s life. Individuals
whose autonomy being respected will be given information that will
allow for autonomous functioning. In the words of the third of the
Principles document’s three basic principles, by providing
complete and accurate information about their organization, employers
support "informed and responsible decision making by candidates."
The term "responsible" is significant. It means that the
candidate is free to make independent choices for which he/she must
be accountable.
The second part of this principle pertains to fairness, honesty,
and fidelity. Under this principle employers are expected to make
offers for openings in good faith, i.e., those that, based on their
best professional estimate, will be there for candidates when they
are graduated and ready to begin employment. Put simply, the employer
is expected to keep his/her promise.
This principle also acknowledges that conditions may change in such
a way that the employer must withdraw some offers of employment.
It is only fair to the employer that he/she have the option of taking
this step. At the same time, given the possible cost to the candidate
who is losing this offer, it is only right that the employer compensate
the candidate, who may have turned down other offers, by taking
reasonable steps to assist him/her in finding another position.
Scenario
In the fall, an organization expects to hire 75 entry-level engineers
nationwide and recruits accordingly. By February it has extended
offers and positions have been accepted. Students who accepted these
positions have honored their obligation by withdrawing from their
respective on-campus recruiting programs and notified other organizations
from which they received offers. In April, the recruiters are notified
that some major federal contracts have not been granted to the organization
and many of these new hires will not be needed.
Resolution
Whether the organization’s estimated hiring needs were based on
a realistic appraisal of the likelihood of securing the federal
contracts is uncertain. Certainly the organization had the obligation
to make a sober appraisal of these projected hiring needs. To recruit
students and make offers for positions to work on contracts that
are "iffy" is dishonest and manipulative.
If the recruiting practices were based on a good intentions and
the need to cut hires was unforeseeable, the organization still
has the obligation to make a good faith effort to help the students
recover from their loss. This can include looking for other positions
within the organization, assisting the students in finding positions
elsewhere, or engaging the assistance of a outside firm to help
the students obtain comparable employment.
Kaplan, Rochelle. "A Legal Look at Offers and Acceptances." Spotlight, May 3, 1999.
Kaplan, Rochelle. "Playing the Hiring Game: The Ethics of Offers and Acceptances." Journal of Career Planning & Employment, Winter 1998.
NACE Principles for Professional Conduct Committee. "Exploding Offers." Spotlight, October 15, 1999.
NACE Principles for Professional Conduct Committee. "Playing Fair." Job Choices 2002.
Principle
4. Seeking Special Treatment
