Ethics

I would start with a call to the former employer. If they are publishing documents from work done under your license it could bite you. This is especially true when you are aware of it...

If a firm is representing (or implying) themselves as being authorized to offer services in an area where they have no current certificate of authorization or license, this is contrary to most states' statutes concerning surveying and/ or engineering. That is one of the exact function for which our state board operates.

I left a firm years ago and made sure the board removed my name from their CA on the day I left. Two months later a City Clerk from a town in an adjoining county called me with some questions about a final plat that was being reviewed at the next City Council meeting. The Clerk told me my signature was upon the plat and was dated only one week prior (about six weeks after I had left).

I didn't give the firm the convenience of a call. The clerk faxed me a copy of my faked (cut and pasted) signature with date. I ran it straight to the State Board's office. Sh*t commenced to hit the fan. The owner of the company explained he felt since the plat was prepared (designed) while I was employed by him there should be no trouble in filing a document with a jpeg of my signature. The plat had been changed since I had worked on it last. They basically forged my signature and the Board took exception to that. They lost their CA over the deal AND their work with the developer.

Easement work may be a different story. In Oklahoma an easement or lease exhibit is not considered a survey and therefor doesn't technically require a surveyor's signature. I would contact the client and the Board just to make sure everyone was aware you were no longer involved in their work in that state.

It is a very bad if not the worst infraction to use another person credentials.
Sure that it will put a person in jail.
Also, none of the work done under another person's credentials will be legal either, there is where fraud is found plus more falsehoods.

Is it possible they replaced your position with another qualified individual?

JPH, post: 452764, member: 6636 wrote: ...find out they're still doing work in a state where you were their only stamp...

What state?
Does the work you are describing fall under the statutory definition of surveying in that state?

If it does and they haven't hired someone else to be in responsible charge (as Cameron mentioned) -
In addition to it being illegal -
1 Their prof liability insurance won't cover them;
2. Their client will have basis to sue their pants off if there is a problem;
[INDENT]And if they don't have any assets (like most engineering firms), the client is stuck with the cost.[/INDENT]
3. You could be drug into the fray;

If it's a covered activity you should definitely report them to the Board ASAP - not to get back at them but to protect the client and yourself.
If you don't report them - don't expect your insurance to cover you - they'll ask if you knew about this? Yes... If you don't report them you are condoning it and a party to the problem.

My last company used my license for 1 year while I was layed off. There were over 100 infractions. They scanned my stamp and signature from a previous job. They told me that there was nothing to sign or review so I didn't need to come in. The Michigan State board can only act on professionals. There were no licenses at the office other than mine. The survey society spent a few grand on attorneys "talking" to the firm. They gave up on the suit for lack of funds.

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Paul E, post: 452840, member: 10807 wrote: My last company used my license for 1 year while I was layed off. There were over 100 infractions. They scanned my stamp and signature from a previous job. They told me that there was nothing to sign or review so I didn't need to come in. The Michigan State board can only act on professionals. There were no licenses at the office other than mine. The survey society spent a few grand on attorneys "talking" to the firm. They gave up on the suit for lack of funds.

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That's not a board issue.

That's fraud and identity theft. I can't believe nothing came of it.

In Texas you're required to notify the board.

(c) A person registered or licensed under the Act and employed by a Firm shall notify the Board in writing within five (5) business days prior to leaving employment or no later than five (5) business days after leaving employment.

Paul E, post: 452840, member: 10807 wrote: My last company used my license for 1 year while I was layed off. There were over 100 infractions. They scanned my stamp and signature from a previous job. They told me that there was nothing to sign or review so I didn't need to come in. The Michigan State board can only act on professionals. There were no licenses at the office other than mine. The survey society spent a few grand on attorneys "talking" to the firm. They gave up on the suit for lack of funds.

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Yeah... I am so tired of the lack of power against unregistered. We need more protection from them then they do from us.

I would think impersonation would be a crime

I am registered in Texas and It has been nearly a year since I read through the rules and procedure, along with the Texas Administrative Code, Although there are rules regarding surveyors and their responsibility as pertains to describing easements

quote:
An easement depiction prepared by any person registered or licensed under the Act shall adhere to all rules promulgated by the Board except where:

(1) the easement area can be clearly ascertained without reference to a metes and bounds description of the easement; and

(2) the easement does not bisect or protrude into the tract (leaving non-easement areas on opposite sides of the easement strip).

(b) An easement's legal description or plat depiction meets the requirements of the exception to this rule when the easement:

(1) is a blanket easement; or

(2) the easement:

(A) is within a tract of land or lot depicted in a recorded subdivision plat;

(B) can be clearly defined and located without a metes and bounds description; and

(C) is adjoining to a platted boundary line.

(c) A "construction estimate", as used in ??1071.004 of the Act, means a depiction of a possible easement route for planning purposes.

Source Note: The provisions of this ??661.33 adopted to be effective January 1, 2000, 24 TexReg 10332; amended to be effective January 27, 2004, 29 TexReg 629; amended to be effective August 28, 2013, 38 TexReg 5493

all that rule stuff only pertains to registered land surveyors

I realize that what I just said is not what you are referring to, but i say that to say that, in my opinion, if a person or business is doing what you said and is not working under the direction of a professional land surveyor, all of the stuff above does not apply, which in my opinion means that as long as they are not claiming to be something they are not, then they are most likely well within their right to do whatever they want to do and I presume they can get paid for doing it, I suspect that most companies would not hire a non registered surveyor to perform this type of work for them, since if this information may be passing through some sort of legal process or title type scenario, then i would presume the title company could and most likely would refuse to accept the work or their plat and legal desc, if not signed and sealed by a land surveyor, that is not to say it is illegal, just a bad call for the company that chose to employ the services of a non registered outfit

as far as i know anyone can do survey type work at anytime, without any recourse from any board or socalled policing agency, so long as they are not portraying themselves as registered through that particular board, I am not sure there is anything a board could do even if they were pretending to something they are not, since far as i know the boards of land surveying can only oversee and govern those that fall under their umbrella of oversight
As far as i know anyone can measure and describe any property they want to, as long as they have permission to be on the property or have been employed to do so or both, I presume they can be compensated for doing so, if there is someone willing to pay them for it, not sure what would happen after that, but throwing it in the trash maybe exactly where it ends up, then doing it right and paying a real surveyor to do it again. I don't really believe there needs to be new laws rules or anything other than what is already in place to deal with situation like that, i think the market place will usually handle issue like that, by eventually starving them out, however I think if there ever comes a day where acquiring surveying services is a royal pain and takes longer and cost more than its value, then the above scenario may become more of a reality, I hope we never get to that point, but the thought of it reminds me that we are all replaceable one way or the other
I am basing most of what i said above on common sense and my opinion as a land surveyor, not to mention i am still practicing typing, so I take opportunities like this to practice and improve my terrible typing and grammar skills, but i find that i make the same mistakes over and over for some reason, thank goodness bad typing and grammar isnt against the law yet

One hurdle that has proven difficult to get past is for State government to give any police power to the BOR or other agency in regard to bring to justice violators of the licensing acts of any professional group.
The governments have also not placed into law that these specific violations of BOR rules and regulations are criminal acts.
The people that have been brought into court were there because their acts had violated laws that were already in effect to protect the public.
The main power is in the body of licensed surveyors themselves and how they deal with a violator in the everyday world.
Are they banned, ridiculed or fined.
It has been a person to person reflection of their guilt and they usually find another way to work without a license.
There has not been any quick penalty for any violators that I know of.

Difficult situation, I would do some covert checking on your former firm, if they have not hired someone with a license to replace you I would be careful about contacting the Board to soon. You might want to check with a lawyer first, because as one of my former employers was fond of saying " THE BOARD IS NOT YOUR FRIEND" they are there to protect the public and my hold you some what responsible for what ever reason for what is happening.

JPH, post: 452764, member: 6636 wrote: Anyone ever leave a company, find out they're still doing work in a state where you were their only stamp, and then call the Board on them?

Some utility easements just need deed exhibits, not stamped plats. So, I think they believe they don't need a license to do the work and produce the drawings.

This isn't an ethics question, yet....it's a statutory law question. In the state where they are preparing exhibit sketches to accompany deeds of easement, is the preparation of exhibit sketchs for deeds defined as the practice of surveying?

Yes. They are practicing Surveying. Just to give you the whole picture... This was 7 years ago. I was layed off and they continued with out me. I was the only license at the company. In Michigan the firm has to be owned by 2/3 majority of professionals. My name was the only name on the company board. The owner held all of the stock.

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They have hired a different surveyor. I don't have any connections with the company since then

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Paul E, post: 452840, member: 10807 wrote: My last company used my license for 1 year while I was layed off. There were over 100 infractions. They scanned my stamp and signature from a previous job. They told me that there was nothing to sign or review so I didn't need to come in. The Michigan State board can only act on professionals. There were no licenses at the office other than mine. The survey society spent a few grand on attorneys "talking" to the firm. They gave up on the suit for lack of funds.

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The Alabama BOL has a representative from the state Attorney Generals office at every board meeting that involves hearings for violations. They do have the legal authority over anyone or firm that offers surveying or engineering services without any regard to whether or not they are licensed. Many have been fined for unlicensed practice.

I've heard that they're contracting a person who's licensed in a couple of the states where they have projects. I'm not sure how much contracting conforms to the rules, but I'm not worrying about it, it's their problem.

I have notified my BOR of instances where I believe that there is an issue that they should look into. For instance, a surveyor was signing documents from an overseas location prepared by his local office (direct supervision?) another was a branch office without an in-house surveyor providing (and advertising) land surveying services using someone based across the state. We cannot ignore these type of things.
I am not in this situation but if I were to leave any company where I was employed and covered by any E&O or business insurance I would notify the carrier of my departure. If you are listed as an owner on the corporate records, have them changed also.

Paul E, post: 452917, member: 10807 wrote: Yes. They are practicing Surveying. Just to give you the whole picture... This was 7 years ago. I was layed off and they continued with out me. I was the only license at the company. In Michigan the firm has to be owned by 2/3 majority of professionals. My name was the only name on the company board. The owner held all of the stock.

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Paul,

You need to contact your Attorney Generals office.