Certification Misuse

[Plantage]

What is the name of your state? NY

I hope I am using the proper forum for this question (not sure if a certification is consider intellectual property).

My friend works for a computer company which rents out computers to conferences. It is a small company of 20 employees, where he is the only A+ certified technican (and only technican).

A few months ago, the VP of the company asked for his A+ certification number. He didn't make mention of why, just that he would like a copy for their files. He has recently discovered that this company received a special status (very exclusive) as a support center to perform warranty jobs as a result of his number. However, he was neither informed as to what it would be used for, and he is not performing the warranty work. Nor has he been compensated for the use of his certification.

Our argument is that because he is not performing the work, and the person who is is not qualified to do so, that this is endangering his future earning potential (aside from this being a case of fraud against the company; consequently, are known for very sleazy practises involving renting out 50 computers with only 10 valid software licenses). If any warranty work is improperly performed, and a complaint made by the client, it would appear on his A+ file and could result in the certification being revoked. It has been reported (by a close associate in the same department as this "technican") that he has already errored on a number of jobs. It is only a matter of time before permanent damage is done to a computer by an unqualified "technican."

I had read a number of cases involving future earning cases, and "front pay." But all these involve discrimination or injury cases. Can future earnings be raised as an issue in such a case? In particular since my friend wants to continue as a computer technican and may wish to start up his own company. However, that would not be possible with a tarnished or revoked A+ certification.

 

[JETX]

He should contact the persons offering the certification and let them know that, though certified, the work being performed is not being done by him. Let them resolve it if there is a concern.

 

[Plantage]

He is concerned that as a result of his actions (since the warranty company would consider this fraud and would sue or revoke the special status; thus, costing the company a large amount of money) that he would be released. And this company has a reputation for removing people from their positions who they feel are problem-makers. Two other people in recent months had been "laid off" and the work piled upon others without compensation (currently, my friend is doing the work of two technicans but being paid WELL below the average salary for his position).

Currently, my friend has been trying to secure another job in the IT field, but IT is in hard times right now and no jobs are avilable. He projects another year or possibly two before he will be able to secure finances to get his business running. His alternative is to sue the company for this (he calls it identity theft) fraud. He also knows that if this goes public that many of the software giants may exercise their rights to audit the company's books to see if licensing malpractise has taken place (he also has evidence in his possession of such malpractise). So, he feels he can possibly get a settlement out of them. But both of us are wondering if he has a case in court that he can present to them (with a lawyer) to force a settlement? Does future earnings or any other argument exist here?

 

[JETX]

He simply can't have it both ways. Either he protects his certification by notifying the certifying agency of the possible violation or he accepts the risk and, presumably, his job. His choice as to which is more important to him.

 

[Plantage]

He simply can't have it both ways. Either he protects his certification by notifying the certifying agency of the possible violation or he accepts the risk and, presumably, his job. His choice as to which is more important to him.

He has no interest in working for these people, so his concern for his job is only because he doesn't have the financial means to quit and report these people right now. Which goes back to my original question, is there a case in a court (or can be settled) for future earnings?

It is like this, if someone is injuried (and can no longer work in the field they are trained and experienced in) by a wreckless employer and can no longer work, the employer is responsible for the loss of future income that the person has lost as a result of the accident. Now, if an employer is using a certification which belongs to someone that they didn't receive an ok to use, nor have the certified person perform the work, and is endangering his future business (because without A+ you are not a technican), does he have a right to sue or attempt to settle for that endangerment?

I read a number of cases related to discrimination and injury which had people sue on the basis of lost future earnings. Their salary multiplied by a certain number of years, excluding punitive damages. I would think that if someone's right to create a business is endangered by the illegal practises of their current employer, that this a case to sue for front pay. The question relates more to a civil case, not criminal.

You mentioned, "he accepts the risk and, presumably, his job." Well, does that mean that there is a recourse he can take besides reporting to the authorities or the warranty company? Does that include civil action?