A BCBA working at a large agency requires employees to sign a 2-year contract with a non-compete clause. There is high turnover among supervisees and a new agency is paying interventionists 10% more without providing the same level of supervision. This violates Guidelines 2.16 on terminating services appropriately, 6.01 on job commitments, and 8.0 on responsibilities to colleagues. Future contracts should avoid non-compete clauses, outline termination procedures, and develop interventions that benefit employees and management in accordance with Guidelines 5.04 and 6.04. The BCBA should discuss ethical violations with former employees and consider the core ethical principles of doing no harm and benefiting others.

1. Competition
Liana Alaverdyan, Laura Leon, Karla Matheu,
Bich Thao Nguyen, Denice Rios, & Andrea
Rubio

2. Case
• You're a BCBA working in large agency
o Require employees to sign a 2-year
contract and non-compete clause
o Elevated degree of turnover in your
supervisee rosters
o New agency is paying their
interventionists 10% more than your
agency pays
 The new agency does not provide the
same level and quality of supervision

3. Ethical Violations
• Guideline 2.16 Interrupting or Terminating Services
• Guideline 6.01 Job Commitments
• Guideline 8.0 The Behavior Analyst's Ethical
responsibility to Colleagues
Conclusion
• Core Ethical Principles
• Guideline 5.04 Describing Course Requirements
• Guideline 6.04 Develop interventions that benefit
employees and management

4. Guideline 2.16
Interrupting or Terminating Services
(a) Behavior analysts make reasonable efforts to plan for facilitating care in the event
that behavior analytic services are interrupted by factors such as the behavior
analyst’s illness, impending death, unavailability, or relocation or by the client’s
relocation or financial limitations.
(b) When entering into employment or contractual relationships, behavior analysts
provide for orderly and appropriate resolution of responsibility for client care in the
event that the employment or contractual relationship ends, with paramount
consideration given to the welfare of the client.
(c) Behavior analysts do not abandon clients. Behavior analysts terminate a
professional relationship when it becomes reasonably clear that the client no longer
needs the service, is not benefiting, or is being harmed by continued service
(d) Prior to termination for whatever reason, except where precluded by the client’s
conduct, the behavior analyst discusses the client’s views and needs, provides
appropriate pre-termination services, suggests alternative service providers as
appropriate, and takes other reasonable steps to facilitate transfer of responsibility
to another provider if the client needs one immediately

5. Guideline 2.16
• "How to quit a job"
o Bad idea vs. Good idea

6. Guideline 6.01
Job Commitments
•The Behavior Analyst adheres to job
commitments made to the employing
organization

7. Guideline 8.0
The Behavior Analyst's Ethical
Responsibility to Colleagues
•Behavior analysts have an obligation
to bring attention to and resolve
ethical violations by colleagues

8. Solutions
• Bring up ethical violation to former
employees
o Potentially could harm their certification process
o Might revoke certification (if they are BCaBAs)
• Future contract (Guideline 5.04)
o Address consequence of violation of contract
o Procedures in place in the event of an employee
termination
o Should not make employees sign 2 year contract

9. Guideline 5.04
Describing Course Requirements:
• The behavior analyst provides a clear
description of the demands of the supervisory
relationship or course (e.g., papers, exams,
projects, reports, intervention plans, graphic
displays and face to face meetings) preferably
in writing) at the beginning of the supervisory
relationship or course.

10. Guideline 6.04
• BCBAs should develop interventions that
benefit well being of employees and
management
o 2 year contract and non-compete clause does only
benefits the employer
• Should have "at-will" employment

11. Future Contract
CONTRACTUAL & ETHICAL CONSIDERATIONS: You and your supervisor should
execute a contract prior to the onset of the experience that states the responsibilities of
both parties, delineates the consequences should the parties not adhere to their
responsibilities (including proper termination of the relationship), and includes an
attestation that both parties will adhere to the BACB Guidelines for Responsible
Conduct. The parties should pay particular attention to Sections 1, 2 and 3 of the
Guidelines and consider the supervisor to be the client of the applicant except as noted
above.

12. Ethical Principles
• Do no harm
• Respecting autonomy
• Benefiting others
• Being just
• Being truthful
• According dignity
• Treating others with care and compassion
• Pursuit of excellence
• Accepting responsibility

14. References
Bailey, J. S., & Burch, M. R. (2011). Ethics for behavior analysts. (2nd expanded
edition). Mahwah, NJ: Lawrence Erlbaum
Koocher, G. P. & Keith-Spiegel, P. (1998). Ethics in Psychology: Professional
Standards and Cases. New York: Oxford University Press