retaliation: it’s about the culture!€¦ · - stewart v. cus nashville, llc: threatening social...
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Retaliation: It’s About the Culture!
SCCE Southwest Regional Meeting
December, 2014
Steve PriestINTEGRITY INSIGHT INTERNATIONAL, LLC
Andrea Falcione, CCEPPRICEWATERHOUSECOOPERS LLP
What will we cover today?
• Culture is everything. Retaliation is a symptom of a corporate culture gone bad.
• When your organization – and people – believe they suffer from retaliation, it's time to start anew by focusing on the real root cause: culture.
• Technology and social media pose retaliation risks and true cultural rewards.
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Culture is everything
• Culture wins. • When a rule or a policy or a Code conflicts with an
organization’s culture, the culture prevails most of the time.
• Therefore, in order to ensure against retaliation, a company needs to pay as much attention to culture as to policies, training, auditing, etc.
• Culture, defined: “A pattern of shared basic assumptions about how to adapt, survive and thrive.”
--Steve Priest
One culture, many cultures
• No such thing as an “ethics culture” or “safety culture” or “customer service culture.” One culture, many manifestations.
• Complex organizations have complex cultures—micro cultures by country, site, line of business, profession, legacy company.
• “Manage the culture or it manages you.” --Ed Schein
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A healthy culture improves performance
• Profit
• Safety
• Integrity The Value of Corporate Culture
(2013, U of Chicago
A healthy culture is one where
• Doing the right thing is the expected practice every day, and actions that depart from the norms – such as retaliation – stands out and is addressed
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Key Attributes of a Healthy Culture
Commitment
Clear Standards/Norms
Values in Action
Account‐ability
Open Commun‐ications
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Commitment
Organizational attributes• Mission and values
reflect true commitment to doing the right thing
• Balanced approach:o Performance AND
Principleso Short term AND Long
termo Shareholders AND
Customers AND Employees
o Compliance AND Innovation Commitment
Clear standards
Values in Action
Account‐ability
Open commun‐ications
Leadership attributes• Personal and
professional commitment to mission, values, Code, doing the right thing
• Personal integrity and respect
• Authenticity
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Clear Standards
Organizational attributes• Clear, consistent formal
communicationso Mission, vision, valueso Code of Conducto Policieso Communications
and Training• Structures and
incentives to align management communications
Commitment
Clear standar
ds
Values in
Action
Account‐ability
Open commu
n‐ications
Leadership attributes• Talk the Talk—formal and
informal, MBWA• Consistent, clear, honest
messages ono Personal commitment
and the organization’so Expectations on
performance and ethics/compliance
o Business plans and performance
o Evaluation of employee
Values in Action
Organizational attributes• Respect• Fair process• Compassion• Courage• No conflicts of interest
Commitment
Clear standards
Values in Action
Account‐ability
Open commun‐ications
Leadership attributes• Walk the Talk
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Accountability
Organizational attributes• Performance and
principles built into HR systems
• Fair processes• Consistent disciplinary
approach for all
Commitment
Clear standards
Values in Action
Account‐ability
Open commun‐ications
Values
Performance +
+
-
-
Leadership attributes• Hold others and
themselves accountable
• Vigilance• Responsiveness
Open Communications
Organizational attributes• Core practice up,
across and down• Anti-retaliation
policies effective• Alternative reporting
channels available and trusted
Commitment
Clear standards
Values in Action
Account‐ability
Open commun‐ications
Leadership attributes• Be accessible• Listen with an open
mind• Do not retaliate • Respond
appropriately
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Why don’t employees report?
1. Nothing will be done, will not solve problem2. Fear of retaliation3. Won’t be listened to4. Could be labelled, harm career progress5. Not sure of facts6. Shy, timid personality7. Inconsistent with culture (of country)8. Not sure where to go9. Not committed to organization, fellow employees10.Personal actions meaningless
Focus on the root cause
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Tried and failed
Safety
Integrity
Jack Welch’s three tools
• Police (Audit, and to an extent Compliance and HR)
• Schools (Training, OD, HR)
• Media (Corporate Communications and many others)
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Shaping a culture
Big change requires partners• Senior management• Human Resources• Legal• Finance/Audit• Communications
E&C can nudge the culture• Training emphasizing
key cultural attributes • Marketing/
communications/Code• Conspire with HR
o Performance appraisalo Coachingo Disciplinary processes
Target your efforts
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And their supervisors & managers
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©2009 Ethical Leadership Group 20
For more information:
Steve PriestINTEGRITY INSIGHT INTERNATIONAL, LLC
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Technology and social media: retaliation risks and cultural rewards
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Some pitfalls (not an exhaustive list)
• Cyber bullying … it’s not just for the school yard anymore
- Stewart v. CUS Nashville, LLC: threatening social media posts following a FLSA claim = retaliation
• Successful retaliation claims by employees fired for their use of social media
- Private and public employers
- More expansive employee rights
• Greater access to information about employee rights
• Use of social media to air complaints could amount to a report
• Don’t forget that old fashioned communication method, email – it poses real retaliation dangers
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Social media risk is real but not a separate priority
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How can we use social media to our advantage in the culture war?
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Why should we use social media to enhance culture?
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• Our employee base is changing
• Employees and other stakeholders expect to interact with us throughtheir choice of digital channels
• Our ability to engage employees in ethics and compliance will dependon delivering a best-in-class digital experience
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Our cultural stakeholders
• In-depth, long content
• Time-bound events*
• Email - average open rates are dropping as numbers of emails rise
• Data visualizations, charts, graphics, slideshows
• Short snippets of information
• Content that can be shared
• Smartphones
• Tablet devices
• PC's
• Social media
• Traditional media
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Don’t want UseWant
*Of course, we don’t always get what we want!
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What they want*
A modern experience rooted in your traditional strengths
The ability to set rules of engagement – how, when, whom
Access to people, content and thinking – anywhere
Content that respects their time
Ideas that can easily be shared – internally and externally
Digital interaction to augment static content
An organization open to dialogue and collaboration
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*Of course, we don’t always get what we want!
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Social media as a cultural tool
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Social media can be used across
different focus areas
Corporate Brand Building
Customer Relationships
Customer Service
Innovation
Recruiting/Alumni
Ethics & Values
Networking
Career Development
Personal Brand Building
Connection to Organization
Knowledge Communities
Innovation
Training
Dialogue
Ethics & Values
Productivity
Efficiency
Networking
Teamwork
Enterprise Finder
Communication
Personalization
Engagement
En
terp
rise
Em
plo
yeeOrg
an
iza
tio
na
l F
ocu
s
ExternalInternalCommunity Focus
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Current use of social media in ethics and compliance
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PwC State of Compliance Survey 2014
3%
1%
45%
42%
57%
41%
2%
5%
40%
41%
42%
51%
Other
Don't know
We review public social media and other sources as partof our pre hiring due diligence
We communicate about compliance and ethics topicsthrough external social media channels
We monitor social media sites for postings suggestingpotential misconduct
We communicate about compliance and ethics topicsthrough internal social media channels
2014
2013
Base: (358, 223)
Q19 In which of the following ways does your company use social media in your compliance and ethics program?
“Addressing the fast-changing social media landscape will require speed
and agility”
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Getting there with a focused program by
• Aligning your platforms with stakeholder preferences as well as ethics and compliance needs
• Moving your content closer to your “market” and its needs
• Activating your people and their networks
• Underpinning these activities with agovernance program
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Platforms
Goal
The creation of a flexible and dynamic technical environment which supports the publication, syndication and serialization of content and allows that content to reach your stakeholders through new, more preferred channels.
Potential Activities
• New content management system
• Alignment with Global IT
• Integration into existing engagement platforms
• Mobile app
• Mobile center of excellence
• Evaluation of social platforms
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Content
Goal
To develop a digital publishing model that delivers content in a form fit for the digital age, allows your staff to engage and share content with your stakeholders, enables employees to share (and collaborate) with you and each other and is optimized for multiple platforms.
Potential Activities
• Develop network-wide content standards
• Increase production and use of multimediacontent
• Develop and share models of leading practice
• Enable sharing and distribution within andbeyond your company
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Networks
Goal
To assess the limitations of current activities for fully exploiting the potential of the digital age. To develop ethics and compliance content to deliver through better networked behavior on digital channels. Specifically, around interacting and collaborating using your content.
Potential Activities
• Provide “boot camp” training to selected SMEs
• Develop templates for initiatives
• Communicate and provide training to broader ethics and compliance and other (e.g., HR, IA) teams
• Re-align content creation, publishing and measurement
• Target social influencers*
• Develop internal network of digital SMEs
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Governance
Goal
To identify current network constraints on implementing a new digital strategy. To create global protocols which enable you to share and collaborate around content and networks. To identify and manage any legal impediments that create exceptions.
Potential Activities
• Define policies and guidelines
• Agree on priority areas
• Dispute resolution and escalation
• Monitoring
• Communications and change management
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Engaging social networkers as agents of cultural change
Companies can learn from social networking
employees to get a better picture of what
employees do and how they communicate.
Engaging social networkers will ultimately
help:
• Enhance the company’s reputation
• Strengthen employees’ ethical performance
• Create a closer relationship between
company and employees
• Create more transparency
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Key challenges*
Delivering content options in an ever-changing environment
Development of a flexible IT roadmap that recognizes “known unknowns”
Ability to integrate with both in-house and third-party systems
Support for local implementation of centralized strategic deliverables
Availability of funding in what will certainly become a state of permanent change Flexible and dynamic
process to respond to changing user behaviour
Skills development around native mobile apps and mobile web technologies
Changing current content production and publishing model
Development of pilots and early adopters to road test the plan
Policies and enforcement that will work locally and globally
*Not an exhaustive list!
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How can we use social media?
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Texts Campaigns Blogs
Videos Polls Social networks
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Who to contact
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Andrea Falcione, CCEP
PwC | Managing Director, Performance GRCOffice: +1 617 .530 .5011 | Mobile: +1 857 .719.9685Email: [email protected] LLP125 High Street, Boston, MA 02110http://www.pwc.com/us
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© 2014 PricewaterhouseCoopers LLP. All rights reserved. In this document, “PwC” refers to PricewaterhouseCoopers LLP (a limited liability partnership in the United Kingdom) which is a member firm of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal entity.