Where good ideas come from

Ideas rarely emerge when you do the same thing with the same people every day.

To find ideas, you need to get up from your desk. Over the years, I’ve found that the further away from my desk I am, the better the ideas.

For example, I’ve noticed that the ideas I get from peer companies are often better than the ideas I get from my work colleagues. Similarly, the ideas I get from companies outside of my industry are often better than the ones from peer companies. We can push this further…

Remember how Archimedes figured out how to measure the density of his King’s crown after noticing his bathtub water rising as he entered it? This is a great example of what Steven Johnson calls “the adjacent possible”. To get to the adjacent possible, you can’t stand in the middle of your circle. You have to get impossibly close to its edge. You have to believe that a great idea for your ethics program might appear while you are making your own change at a food truck, or watching people board a plane, or listening to an episode of StoryCorps.

Focus on your problem, and allow answers to come from outside of your focus.

What/Who is it for?

You tell your employee on March 1 that she will get her bonus check on April 1.

On March 15, she resigns with an effective date of April 15. Do you still pay her bonus? It depends what the bonus is for. Is it a reward for good work or is it a retention tool?

“What is it for?” and “Who is it for?” are key business practices questions. They also apply to E&C programs. Who are you writing this policy for? What is this training for? Who is the audience for this communication?

Often times, we tell employees that these things are for them, when in fact they were created with the regulators or the shareholders in mind. Employees feel the disconnect, and they don’t engage.

There is value in creating E&C programs that are responsive to regulators’ expectations. But if we want them to resonate with employees, we need to be open about who and what they are for.

Stories

We all tell ourselves stories.

Some stories serve us well, others don’t.

For example, the story for many people is that they must exercise daily for at least 30 minutes. For others (but sometimes for the same people), the story is that they must have 3 or 4 beers every night because they’ve worked so hard during the day.

Our employees come to work with stories too. Some believe in an honest day’s work. Others feel justified to steal office supplies because they consider themselves underpaid.

Even those of us who build E&C programs have stories. One story is that workplace regulations are complicated and our job is to help our employees stay compliant. Another is that preventing risk is more important than innovation. Not all stories enable the business.

What stories do you tell yourself?

Timeout

I don’t care for basketball.

And I don’t think that college sports should drive up the cost of education in the U.S.

So you can understand why I roll my eyes when I see one coach hit another because of an inopportune timeout.

Really? Who cares?! It’s basketball! A game where you try to throw a ball in a hoop! How can you get upset at this when 2.5 million American children are homeless?!

I’m too harsh, of course. I, too, get upset at silly things that no one cares about (you should hear some of my thoughts at the poker table). We all lose our temper from time to time, and we most often regret it later.

Seeing this coach get upset and physical reminded me of disrespectful behaviors we all see in the workplace. Often times, we can link a specific work pressure to the outburst. The pressure was the trigger. And the trigger needs to be looked at and questioned. Too often, we discipline the employee and move on. The pressure remains, building up for the next outburst.

Real emergencies are rare

“I was under time pressure to make this (bad) decision.”

We often hear this reason from employees during an investigation. They say they had no time to think things through, and they made a mistake.

However, in almost every case, an immediate decision was not necessary. They had an hour, or a day – sometimes several days, during which they could have made a quick call to the ethics office.

Remind your employees that the ethics office is a safe harbor. If we can’t give them the advice they need before their deadline, that missed opportunity will be on us, not on them. And if they follow our advice and it turns out to be wrong, they won’t be punished.

There’s (almost) always time to call the ethics office.

Entourage

Once again, the Olympic world is in a tizzy over the doping of an athlete. This time, we are talking about a 15-year-old girl.

Many people wonder why the IOC wasn’t informed of the positive drug test. Others worry about the “credibility” of the Olympic Movement. All I can think of is: “We are talking about a 15 year-old girl here!”

Think for a minute about all the adults who might have conspired to drug this child: her parents, her coaches, her doctors, officials of the ROC. Unlike her, they are not making the front page. By the time the investigation is completed, the Olympics will be over. The culpable adults won’t be dragged in front of the press. All the world will remember is that a young athlete won (and probably lost) her gold medal by cheating.

Yes, she cheated.

But she was cheated too. By those who should have protected her.

Actus reus

If you disagree with a rational person on any given topic, the answer to the following question will usually lead you to an agreement: “What would you need to see to change your mind?”

An irrational person will not be able to answer that question. A disingenuous one will refuse to answer it. Alternatively, they will take a position that is impossible to refute. For example, they will contend that the COVID vaccines contain undetectable microchips that allow the government to track their activities. Or that massive fraud during the 2020 elections will be proven in an upcoming report. Or that the 1969 moon landing was filmed on Earth at a secret location.

Secret. Undetectable. Just wait (and wait, and wait).

Some of our employees are making similar contentions in the workplace right now. The ones who don’t believe in the moon landing are probably not disruptive. Those who believe in election fraud may have caused some friction in the office. And the ones who believe in undetectable microchips have probably accused your company of unethical behavior when you decided to make vaccination a condition of employment.

What to do with such employees? My criminal law teacher, when explaining mens rea and actus reus, liked to remind the class that “you cannot convict a man on his thoughts alone.” In the E&C world, we need to learn to live with disagreeable people. How we treat them must be based on their behavior, not simply their beliefs.