Falsifying a job offer
Discussion
Hypothetical question (this is nothing to do with me or my employer, more a general query raised after a discussion with a few colleagues):
An employee has been working at a large corporation for many years. As a result of this and the company's general attitude to increases, they are largely underpaid for their skills compared to the marketplace.
The company is reticent in awarding large pay rises as part of the normal appraisal cycle.
However, it is common knowledge that the company will pay large increases to keep an employee, should an offer of alternative employment arise and they decide that the employee is worth keeping.
Employee A has had enough of earning a low salary, and contacts an acquaintance with their own business (a real business, for argument's sake, not a one-man limited company) to create a fictional role in said firm.
Employee A takes the "offer" to their firm and uses it to negotiate a substantial rise. The company values the employee enough to match the offer. The process is complete.
Aside from the moral questions, what are the legal implications for Employee A, should the company discover the role never existed?
An employee has been working at a large corporation for many years. As a result of this and the company's general attitude to increases, they are largely underpaid for their skills compared to the marketplace.
The company is reticent in awarding large pay rises as part of the normal appraisal cycle.
However, it is common knowledge that the company will pay large increases to keep an employee, should an offer of alternative employment arise and they decide that the employee is worth keeping.
Employee A has had enough of earning a low salary, and contacts an acquaintance with their own business (a real business, for argument's sake, not a one-man limited company) to create a fictional role in said firm.
Employee A takes the "offer" to their firm and uses it to negotiate a substantial rise. The company values the employee enough to match the offer. The process is complete.
Aside from the moral questions, what are the legal implications for Employee A, should the company discover the role never existed?
Sounds great in theory, however what if the company decide that they won't in this particular instance fight to keep the employee.
My advice is only to resign if you have an actual job that you are prepared to take. The risk is reasonable high, since the employee may place a different value on their skills and contribution to the firm than the company.
As to what happens if the company ever found out it was a fictitious offer, there are plenty of threads on here about how small mistakes or oversights have led to termination/gross misconduct. I imagine many employees are "technically" in breach of their terms of employment at one time or another. If they are out to get you, they will find a way.
Surely the existing company will offer the raise simply to prevent the employee from leaving them, which kinda makes the bogus role irrelevant. The employee could just resign with no new role secured.
Resigning in expectation of a counter offer is a risky business though, only do it if you're prepared for your bluff to be called.
Resigning in expectation of a counter offer is a risky business though, only do it if you're prepared for your bluff to be called.
SlidingSideways said:
Resigning in expectation of a counter offer is a risky business though, only do it if you're prepared for your bluff to be called.
Exactly. "Hello I'd like my PAC code please, you're too expensive so I'm leaving unless you can come up with a better offer"
"OK sir your PAC code is..."
hstewie said:
TankRizzo said:
Aside from the moral questions, what are the legal implications for Employee A, should the company discover the role never existed?
In theory the company could call the Police. Pretty sure this would be have been considered as 'obtaining a pecuniary advantage by deception' under the Theft Act 1968 but is now covered by the Fraud Act 2006.Most likely the company would just sack the employee for gross misconduct.
ralphrj said:
TankRizzo said:
Aside from the moral questions, what are the legal implications for Employee A, should the company discover the role never existed?
In theory the company could call the Police. Pretty sure this would be have been considered as 'obtaining a pecuniary advantage by deception' under the Theft Act 1968 but is now covered by the Fraud Act 2006.Most likely the company would just sack the employee for gross misconduct.
I always tell the grads unlucky enough to have me for a role model at work when talking about the ethics aspect of their professional qualifications that whilst there are a bunch of rules to learn - a usual rule of thumb is 'if it feels wrong, it probably is'.
In this particular case, the gut says 'that's a fraud' - and someone with their finger on the pulse above has showed that yes, it probably is.
Edited by Vocal Minority on Monday 10th November 07:52
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