Textbook Problem

A Conflict of Responsibilities

As director of HR, Tess Danville was asked to negotiate a severance deal with Terry Winston, the Midwest regional sales manager for Cyn-Com Systems. Winston's problem with drugs and alcohol had become severe enough to require his dismissal. His customers were devoted to him, but top management was reluctant to continue gambling on his reliability. Lives depend on his work as the salesperson and installer respiratory of Cyn-Com’s diagnostic technology. Winston had been warned twice to clean up his act but had never succeeded. Only his unique blend of technical knowledge and high-powered sales ability had saved him before.

Now the vice president of sales asked Danville to offer Winston the option of resigning rather than being

fired if he would sign a noncompete agreement and agree to go into rehabilitation. Cyn-Com would also extend a guarantee of confidentiality on the abuse issue and a good work reference as thanks for the millions of dollars of business that Winston had brought to Cyn-Com. Winston agreed to take the deal. After his departure, several near- disasters that were the result of Winston’s mismanagement were uncovered. Some of his maneuvers to cover up his mistakes bordered on fraud.

Today, Danville received a message to call the HR director at a cardiopulmonary technology company to

give a personal reference for Winston. From the area code, Danville could see that he was not in violation of the noncompete agreement. She had also heard that Winston had completed a 30-day treatment program as promised. Danville knew that she was expected to honor the confidentiality agreement, but she also knew that if his shady dealings had been discovered before his departure,

he would have been fired without any agreement. Now she was being asked to give Winston a reference for another medical sales position.

Contact the vice president of sales and ask him to release you from the agreement or to give the reference himself. After all, he's the one who made the agreement. You don't want to lie.