Misrepresenting Job Title to Customers

Missy · September 2001

We have a sales engineer that has "Director of XYZ Engineering Projects" in the signature block he uses on all of his correspondence with customers. I think he may also have a set of business cards with the same title, although I haven't seen them personally. He most definitely is not a director, or even a member of our leadership team.

I'm looking for suggestions on how to handle this one!

Thanks

System · September 2001

His boss needs to tell him to stop immediately. And you should impose some sort of discipline. At a minimum, a written warning that's documented in his personnel file -- I wouldn't be surprised if he did something else underhanded later in his career. And you should figure out whether his deception harmed any customers in any way. If so, get a lawyer.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Theresa Gegen TX · September 2001

James has a good point. The employee needs to be stopped immediatly.

This could turn into a serious matter if, for example, this employee were to enter into some contract or agreement on behalf of the company. The company could be held liable if the employee had the apparent authority to do so (even if the employee did not have actual authority to enter into the agreement). Now that the company is on notice that the employee is holding himself out as a director, if the company allows the employee to continue to do so, the company may end up ratifying any actions the employee does.

Good Luck!!

Theresa Gegen
Attorney Editor
Texas Employment Law Letter

drunkle · September 2001

I agree. His manager needs to sit down with him and let him know that his behavior is unprofessional and must stop immediately.

Gar · September 2001

Assuming he has no previous felonies (disciplinary actions), I'd give him some time off without pay to think about. Given the possible ramifications, this is quite serious.

CuriousG · September 2001

Has anyone stopped to ask whether someone told him to use that title?

I once threw a fit when a Sales Associate ordered a set of business cards that said he was a Region Sales Manager. Not only was he most definitely not a region sales manager, we did not even have sales regions for someone to manage. I ended up with egg on my face when I learned that his boss had had the card made up, because prospects would not make an appointment with someone who's title was "Sales Associate" (we were dealing with smaller partnerships and sole proprietorships and calling on the owners.)

I agree, that if the employee is misrepresenting himself for maliscous reasons this practice needs to be stopped. However, it may just be that he used some bad judgement in selecting the title to use to get an entre with prospective clients. Check it out, and if this is not authorized or ordered by a higer authority then put a stop to it.

Misrepresenting Job Title to Customers

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