Duress.
That is the operative word.
Cass has received a lot of advice and support. Most everyone has been clear and recognised that what has been going on is not right.
Most have urged robust action. More robust than has been undertaken.
Also urged has been to get legal advise and support from the professional body. I'd like to think this is what Cass has done and that Cass cannot tell us that level of detail - yet. But I am concerned to think Cass may not have taken legal advice yet.
In the real world there are some people who can be very adroit at manoeuvring people, who can incrementally move people away along a path where each step is below the threshold for robust action.
Mission Creep. Small accommodations leading to ever bigger accommodations or to an ongoing sequence of small infractions no one of which might be viewed as warranting the maximum response.
Cumulatively bad.
Duress.
When you've been laid off for a period and lived in your car/truck for a while and finally got a new job, even at less money, then it is not so easy to just sacrifice the lot at the first infringement.
When you are confronting not only a corrupt client but also your own corrupt management, you know you are on your own. That makes it difficult to take that final step.
Just what is the cumulative effect?
It is easy to seduce someone with the thought that what has happened isn't on a par with sub-standard foundations or a lack of cement in the sand of a multi-story apartment on a fault line; "You want to sacrifice your job and never work in the industry again over some maybe damp?"
In many such situations due cognisance is taken of the duress that employers can bring to bear.
In the UK, as an example, the Patents Act declares some employee rights to be
inalienable.
Why?
Because the law recognises the extent to which employers can bring pressure to bear on employees and coerce them into signing away all their legal rights.
That is why these patent rights are inalienable.
That means the employee cannot legally sign away their rights except for "reasonable reward".
If employer duress can be recognised in some cases then it should also be recognised in others.
Note also that in cases where people do resort to law, in civil actions for example, the law in some countries, including in the UK, requires that the plaintive should first exhaust all other remedies. This usually means firstly approaching those with the power and responsibility to act (management) and then the professional body.
So if we now reach a point where all other remedies have been exhausted, then the opportunity still exists for Cass to now take that next step and still also to claim that everything so far has been in good faith and in the nature of exhausting other avenues. This is all one long continuing series of connected events with one client on one project.
I believe Cass, you should seriously consider that the two minute clock has now started to run.
You really should get legal advice, should consult the professional body and act as recommended come what may.
There is now no possible excuse that Management might support you, that some resolution is possible through discussion and agreement.
In the clearest possible way they have now signalled to you that they are distancing themselves from any liability and/or cognisance and you are elected scapegoat.
No more time outs.
Act now.
Otherwise, I tend to concur with Berkshire, Cass and you are "boiled".
Or will be. Very soon.
Cass, you have a lot of support here. And a lot of advice.
I can't say I have been in this situation.
Ever.
I don't know that I would take unilateral action, even if I knew it had to be done. I do think I would have share the burden by getting legal and professional advise (If only to be able to share any blame).
I note also that while most here have been supportive and are clear what is right and wrong, I haven't seen anyone post to say:
"Been there, done that, got the Tee shirt. My management were as corrupt as yours. My management were setting me up for the fall. My management were on the side of the client and not on the side of what is ethical. But I went full speed ahead and damn the torpedoes and lived to tell the tale. "
So lots of us know what should be done, we think we would do it, but none has been able to say they have walked the walk.
JMW
