Does a company assume any legal liability when awarding acertification?

When Novell awarded an individual the CNE/MCNE status did Novell assume
any liability if that person messes up a corporate network? Could a
corporation potentially get compensation from Novell if a CNE/MCNE
messes up and cause that corporation loss of business? The question
applies to any company (Microsoft, Cisco, etc.) that awards some kind of
certification. I’ve always wondered about this. Any thoughts?

Bob,[color=blue]

When Novell awarded an individual the CNE/MCNE status did Novell assume
any liability if that person messes up a corporate network?[/color]

No. But then again do I not work for Novell. There is no way that any
company would accept responsibility for what non-employees do.


Anders Gustafsson (NKP)
The Aaland Islands (N60 E20)

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Its been a very long time since I did my MCNE, but I do recall signing a
declaration that I think had something along the lines of indemnifying
Novell (at the time) against any and all legalities as a result of
sitting the certification.


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On Sun, 07 May 2017 02:43:01 +0000, Bob wrote:
[color=blue]

When Novell awarded an individual the CNE/MCNE status did Novell assume
any liability if that person messes up a corporate network? Could a
corporation potentially get compensation from Novell if a CNE/MCNE
messes up and cause that corporation loss of business? The question
applies to any company (Microsoft, Cisco, etc.) that awards some kind of
certification. I’ve always wondered about this. Any thoughts?[/color]

In my personal opinion, no, there’d be no standing (the agreement is
between the candidate and the certifying authority). Any issues of
liability between employer/employee would not involve a third party; the
employee represented themselves as capable of doing the job. A
certification doesn’t indemnify them in any way from taking inappropriate
actions that could cause loss of business or damage to the infrastructure.

MHO. :slight_smile:

Jim Henderson, CNA6, CDE, CNI, LPIC-1, CLA10, CLP10
Novell/SUSE/NetIQ Knowledge Partner

The current certifications list is interesting:
https://www.microfocus.com/support-and-services/certification/ I guess my
ECNE doesn’t carry much weight any more. :slight_smile:


Kim - 5/8/2017 11:37:13 AM

On Mon, 08 May 2017 17:38:18 +0000, kgroneman wrote:
[color=blue]

The current certifications list is interesting:
https://www.microfocus.com/support-and-services/certification/ I guess
my ECNE doesn’t carry much weight any more. :-)[/color]

Probably not. :slight_smile:


Jim Henderson, CNA6, CDE, CNI, LPIC-1, CLA10, CLP10
Novell/SUSE/NetIQ Knowledge Partner

On 5/8/2017 12:12 PM, Jim Henderson wrote:

[color=blue]

In my personal opinion, no, there’d be no standing (the agreement is
between the candidate and the certifying authority). Any issues of
liability between employer/employee would not involve a third party; the
employee represented themselves as capable of doing the job. A
certification doesn’t indemnify them in any way from taking inappropriate
actions that could cause loss of business or damage to the infrastructure.

MHO. :slight_smile:
[/color]

I’ve been trying to find any court case where this has been tested. No
luck. What you say makes sense but, I get uncomfortable when assuming
the law makes sense. I do appreciate your thoughts though. Thanks.

On 5/7/2017 9:34 AM, Anders Gustafsson wrote:[color=blue]

Bob,[color=green]

When Novell awarded an individual the CNE/MCNE status did Novell assume
any liability if that person messes up a corporate network?[/color]

No. But then again do I not work for Novell. There is no way that any
company would accept responsibility for what non-employees do.
[/color]
I see your point. Thanks.

On 5/7/2017 5:54 PM, ScorpionSting wrote:[color=blue]

Its been a very long time since I did my MCNE, but I do recall signing a
declaration that I think had something along the lines of indemnifying
Novell (at the time) against any and all legalities as a result of
sitting the certification.

[/color]

Better memory than I. Thanks.

On Tue, 09 May 2017 06:44:25 +0000, Bob wrote:
[color=blue]

On 5/8/2017 12:12 PM, Jim Henderson wrote:

[color=green]

In my personal opinion, no, there’d be no standing (the agreement is
between the candidate and the certifying authority). Any issues of
liability between employer/employee would not involve a third party;
the employee represented themselves as capable of doing the job. A
certification doesn’t indemnify them in any way from taking
inappropriate actions that could cause loss of business or damage to
the infrastructure.

MHO. :slight_smile:

[/color]
I’ve been trying to find any court case where this has been tested. No
luck. What you say makes sense but, I get uncomfortable when assuming
the law makes sense. I do appreciate your thoughts though. Thanks.[/color]

Well, while it’s MHO, it is an opinion based on being in the
certification and testing industry for a while. :slight_smile: I’ve discussed
certification agreements (but not the liability issues) with lawyers in
the field - so it’s a somewhat informed opinion.

Jim


Jim Henderson, CNA6, CDE, CNI, LPIC-1, CLA10, CLP10
Novell/SUSE/NetIQ Knowledge Partner

On 5/9/2017 12:08 PM, Jim Henderson wrote:

[color=blue]

Well, while it’s MHO, it is an opinion based on being in the
certification and testing industry for a while. :slight_smile: I’ve discussed
certification agreements (but not the liability issues) with lawyers in
the field - so it’s a somewhat informed opinion.

Jim
[/color]

I appreciate this information. Thank you.
Bob

On Tue, 09 May 2017 17:05:46 +0000, Bob wrote:
[color=blue]

On 5/9/2017 12:08 PM, Jim Henderson wrote:

[color=green]

Well, while it’s MHO, it is an opinion based on being in the
certification and testing industry for a while. :slight_smile: I’ve discussed
certification agreements (but not the liability issues) with lawyers in
the field - so it’s a somewhat informed opinion.

Jim

[/color]
I appreciate this information. Thank you.
Bob[/color]

You bet :slight_smile:


Jim Henderson, CNA6, CDE, CNI, LPIC-1, CLA10, CLP10
Novell/SUSE/NetIQ Knowledge Partner

Having the certification at minimum only means you are good at reading
and then taking a test. Does not mean you have a sound knowledge of the
product and how to manage it in the real world, in many cases under fire
when an issue arises.

On 05/06/2017 10:43 PM, Bob wrote:[color=blue]

When Novell awarded an individual the CNE/MCNE status did Novell assume
any liability if that person messes up a corporate network? Could a
corporation potentially get compensation from Novell if a CNE/MCNE
messes up and cause that corporation loss of business? The question
applies to any company (Microsoft, Cisco, etc.) that awards some kind of
certification. I’ve always wondered about this. Any thoughts?[/color]

tBM :slight_smile:

In fields of endeavor where liability can be applied, the liability
falls onto the person doing the work, not the entity that certified
the individual after the individual took a test.

For instance, in law, if a lawyer messes up, you cannot go back and
sue the law school that gave her the education or the state in which
she passed the bar exam. In the medical field, it is the doctor who
is liable, not the state medical board or the school which gave her
the education.

So, while you may not have been able to find any cases on point with
a technology certification, there are enough cases on point relating
to professional liability that a judge would look to, should she need
to make a ruling in such a matter. And those cases fall with the
liability on the shoulders of the person who did the work.

Certifications and licenses indicate that the person has a certain
level of knowledge about a subject, not that they know what to do
with that knowledge.


Susan
Micro Focus Community Chat Moderator

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Ooooo. Good answer.


Kim - 5/12/2017 7:39:35 AM

Exactly - fantastic answer. :slight_smile:

Jim


Jim Henderson, CNA6, CDE, CNI, LPIC-1, CLA10, CLP10
Novell/SUSE/NetIQ Knowledge Partner

:slight_smile:


Susan
Micro Focus Community Chat Moderator

Please read the following before posting in here:
http://preview.tinyurl.com/27zopdy


This email has been checked for viruses by AVG.
http://www.avg.com

On 5/12/2017 9:04 AM, Susan wrote:[color=blue]

In fields of endeavor where liability can be applied, the liability
falls onto the person doing the work, not the entity that certified
the individual after the individual took a test.[/color]
[color=blue]

[/color]

Appreciate the info. Thanks. Makes sense.