Project Credits in Professional Practice???

[Aya Murase]

Since it seems that many of you are in the AE field, I thought I would throw this question out into the nether for a bit of feedback?

A former employee joined a competitor firm over a year ago. I have recently discovered that Competitor Firm is using our projects in the “Firm Qualifications” section of their marketing proposals. These are projects which Former Employee was involved.

While I understand that Competitor Firm should be allowed to list our projects in the Former Employee’s resume section (with proper notations that project was completed while previously employed at another firm), I am really shocked that they would use our projects as example projects under their “Firm Qualifications.” Within the project descriptions was a note that Former Employee worked on the projects “while at another firm.” But the overall presentation implies that the projects are actually part of Competitor Firm’s portfolio.

I was further shocked to see that on the cover of their proposal, placed right below Competitor Firm’s logo, is a photograph of one of our park projects. Is this normal in the professional practice, something that I need to look past? Do I have recourse? Am I crazy to let this really burn me up? Thoughts?

On a side note, the irony is that Former Employee used call Competitor Firm “low brow designers.” I guess I could take comfort in the fact that Competitor Firm will have to utilize their professional liability insurance after Former Employee’s projects start going into construction? Hmmm, yes… I’m starting to feel better already.

[Mike K.]

I'm not sure about your internal policies, but most firms have a policy that an employee working for them, and being paid for the work, must absolve all interest in the work completed if they move to another firm or even go through an internal shuffle. Your company paid the employee for the work so they have no claims to it other than experience they can use to pursue other employment opportunities.

It's wrong for your competitor to be claiming ownership or participation in this project regardless of the disclaimer indicating the special case (and it should be with your approval, I think).

This type of stuff often occurs when an architect moves away from a firm and lists a project that they worked on under the personal resume. But I've only seen this when a partner in a firm does this and not an employee. And this is only done if the partner had a significant role in the project and it was truly their work. Either that or both partners agree to list the project under their roster if both participated in its creation.