Re: Ethical Questions

["D. Margulis" <ampersandvirgule -at- WORLDNET -dot- ATT -dot- NET>]

Natalie Flynn wrote:
>
>

[snipped question 1 and excerpts of question 2 to save space.]

>
>
> 2.) When
> I asked my former employer if I could show user manual samples, they said they
> would prefer I didn't. I respect the confidentiality issue, but how can I get
> a software documentation job, if I can't show clips, or descibe projects? I
> know this is a common problem in the industry, any suggestions on how to get
> around it?


Natalie,

Examine each of the projects you did for the former employer. If you
produced a manual for distribution to outside customers (rather than
in-house users), does it have a copyright statement? To be doubly safe,
ask yourself whether customer personnel were required to sign a
confidentiality agreement with your employer before being issued a copy
of the manual.

If the manual was copyright and no confidentiality agreement was
extracted from customers, then you may safely use the manual as an
example of your work. Copyright only applies to _published_ works. There
is no issue.

For other projects you might have done--internal software development
documentation such as requirements specs, for example--or manuals used
for in-house-only software or training, if there is a statement of
confidentiality anywhere on the document (the word "Confidential" or any
reasonable equivalent), then you should not use it as a sample. Many
companies misuse a copyright notice on internal doc, but IMHO it would
be unethical to take advantage of that lapse if you have been asked not
to show these docs as sample.


>
> I really want this position, but I am afraid if I give a list of all the
> projects I have written to the soon-to-be-boss, they will call the ex-boss and
> ask about projects that the ex-boss specifically asked me to keep
> confidential.


This is not an issue. You are certainly free to list the kinds of
documents you produced without that being considered a breach of
confidentiality. It is their content that is confidential, not their
existence. You do not need to cite titles if there are trade secrets
that could be divined from them. Your former boss should have no trouble
confirming that you indeed wrote the items you say you wrote.



In future years, I would like to be able to go back to my old
> boss again for references, and more importantly, don't want to do anything
> dishonest and/or unethical. My last employer was satisfied hirng me on the
> basis of news writing samples. This one is not. Any ideas on how to handle the
> latest situation I have gotten myself into?


You need only state that you are complying with a confidentiality
agreement and that your previous employer would not release material for
you to use as samples. Your prospective new employers would not want
their own confidential documents sprayed about by an ex-employee; so
there is no reason for them to request that you violate your agreement
with previous employers. In fact, if you were to do so, they would have
every reason not to hire you. (If pressed, you can tell them exactly
that--politely and apologetically, of course. It always works for me.)


HTH,

Dick