Archive for May, 2007 Page 3 of 5



Severance Contracts: What About the Rest of Us?

Today’s post is another from my discussion assignments for the Principles of Management class at Umass-Amherst. I’m still in finals week right now for the Marketing and Stats classes I’m currently taking so I won’t have much time to post anything else. Today’s post is relevant to an event that occurred a few days ago at my job. State Street acquired IBT a few months ago and this week let go of 450 people from State Street and IBT; there were rumors that these 450 employees were let go without severance pay but fortunately for them, they will be getting severance pay. Unfortunately for those terminated employees, their severance pay will never match the ridiculous packages some CEO’s receive.

Right when I saw the headline, I knew I had to choose this article. Three paragraphs in, this quote, "Time and time again, the smoking gun of any major compensation problem is in the form of a contract that was executed at a earlier date" by Patrick McGurn of Institutional ShareHolder Services, a proxy advisory firm, confirmed my initial reaction. The article titled, Hire by the Contract Now, Risk a Big Regret Later, was written by Eric Dash and published in today’s edition of The New York Times [January 12, 2007]. The article deals with guaranteeing high ranking officers of a company a certain amount of money if they are fired or forced out of the company.

Just to give everyone an idea of the sheer ridiculous numbers we are dealing with, I’d like to list some of the severance salaries guaranteed:


  • average American worker, two weeks salary per year worked
  • average chief executive without a contract, 18 weeks salary per year worked
  • Home Depot, Mr. Nardelli, 568 weeks salary per year worked
  • Walt Disney Company, Michael D. Esiner, 536 weeks salary per year worked
  • Walt Disney Company, Michael Ovitz, 5,000 weeks salary per year worked!!!

These figures may shed some new light on why the MBA ethics program at Harvard (Harvard raises its hand on ethics) plans to focus at least some of its time on executive compensation and the ethical issues associated with a culture that rewards it leaders so much. The sheer size of some of these buyouts serves to further compound the problem; for instance Mr. Nardelli recently received a severance package worth $210 million! I’ll be honest, with a payout that high I would be very tempted to pull a "George Costanza" and purposely attempt to get fired! You’d almost be a fool not to!

Clearly, in negotiating these contracts the CEOs are using a classical view of responsibility and only focusing on their profits. They’re not using either of the views of responsibility in terms of the company as the organization’s profits are decreased and society’s welfare does not improve when CEOs fail at their jobs and are REWARDED for it; however, if we view the CEO as a business (of one) then they’re clearly looking out for their own profits above all else. A claim could be made that top ranking officials are trying to be socially responsible to the company and stakeholders by reducing the time it takes to severe ties with the company in case of a fallout, but it’s a very tough (morally and factually) position to defend. In terms of the views of ethics, rights view, in the sense that CEOs are making the decision to sign these contracts because the outcome is beneficial to them and is protecting their individual welfare, and integrative social contracts theory, as having severance contracts for CEOs is common across a broad spectrum of businesses, are the two main views at play here.

The structural variables here are weak, as the internal decision-makers involved in approving an incoming CEO’s severance contract are usually conflicted. In addition, as the article points out, "The problem is compounded, critics charge, by directors who often have close personal ties to the chief executive or are being advised by a general counsel who will call the man at the other side of the table ‘boss’ the following week", a company’s board of directors commonly have people serving who are friends with the CEO candidate and as such are very open to helping their friend out through a generous severance package. The article also makes a very good point that the counsels are conflicted as they do not want to upset their potential future boss. Many of the corporations cited in the article are large, prosperous companies where the culture most likely favors having a CEO with great perks and bonuses as it gives regular employees a goal to strive for. It also displays a positive image to the investing community, as a company that can afford to pay its CEO a high salary with a generous severance package must be doing well. Culture can also be a deterrent to a severance package, as Mr. Perez of Wrigley notes, "If you know the people you are going to be working for, if you have a good feel for the culture, and if you think your performance will be objectively assessed, why do you need a contract?"

Ego strength and locus of control (defined on page 112 of the textbook) are both highly applicable to the issue at hand in this article. The article cites several officers who negotiate a fair severance package because their strong convictions cause them to act in way that is fair to them and the other stakeholders in the company (employees, shareholders, and competitors). From the article, "At Intuit…Stephen M Bennet…is entitled to severance pay equal to six months his current salary" that might seem high but note it is not related to how many years he’s worked, Mr. Bennet will receive six months of his salary whether he works there for one or ten years! Also, "Walgreen and Whole Foods hold the line on large change-in-control payouts." Notice that’s two of the companies on Forbes 25 best managed list, don’t be surprised to see a few more familiar companies pop up! James Dimon of Bank One also exercised his ethical convictions when he "voluntarily scrapped his contract’s income guarantee and declined to take the $2.5 million cash portion of his bonus." The orientation of one’s locus of control also seems to have an effect on whether a CEO wants a severance package, those who believe they control whether they will be fired will not think they need a severance package and vice versa.

One of the ways the textbook suggests improving ethical behavior is through top management’s leadership and I couldn’t agree more. On page 117, Robbins and Coulter note "…the top managers…uphold the shared values and set the cultural tone. They’re role models in terms of both words and actions…"; but how can managers lead on the fairness of their salaries? One way is to integrate it into the company’s organization-wide compensation practices, as Kenneth D. Lewis, CEO of Bank of America [another Forbes top 25 company] notes "’I don’t understand why a C.E.O. should have a safety net when others don’t"’, participating in the values you are promoting to the rest of the company encourages all employees to act ethically. In this sense, a focus on the moral development of potential executives is a key method to preventing unethically high severance packages (which may encourage executives to get fired), as people on the principled level and above will attempt to separate themselves from the group standard and exceed expectations, in this case by declining high bonuses and severance packages or at least accepting only modest and fair ones that are equitable to their contribution to the company.

Fair Trade vs. Global Business

The material in this post is another discussion assignment from my Principles of Management class at Umass-Amherst. The two classes I’m currently taking are in finals week right now, so I likely won’t have much time to post new original content here this week but will try to write a post or two unrelated to this series of discussion posts to break up the flow a bit and keep you all interested. Regardless, it’s my opinion that many of the topics covered in the Principles of Management class are timeless and still relevant to today’s world. Tonight’s post especially displays this relevance, as it confronts the differences between Fair Trade and the interests of global corporations.

Before I read the material for this session, I was personally very interested in the debate of the pros and cons of globalization. I was well aware of why critics claimed the World Trade Organization, International Monetary Fund, and World Bank were inefficient and actually hindered the economic growth of poor countries and contributed to the poor conditions many workers still faced across the globe.

It seems Robbins and Coulter take the optimistic view of Globalization, that it unites the world and helps all economies to prosper. Robbins and Coulter believe that globalization opens up new customers for third-world countries and allows them to enrich themselves by finally being able to trade with the rich countries of the world. Whereas the textbook credits the World Trade Organization for isolating the Asian financial crisis of the ’90’s and keeping the rest of the world economy from plummeting into depression, the New York Times article (and by the tone of the Fair trade and Equal Exchange web-sites I’m sure they would agree) cites the IMF’s (the WTO & IMF are very closely interrelated) pressure to free up capital markets as a catalyst for the crisis.

I found this quote in the book "Although a number of vocal critics have staged visible protest and lambasted the WTO, claiming that it destroys jobs and the natural environment, the WTO appears to play an important role in monitoring and promoting global trade." (Robbins and Coulter, 84) to be quite funny. In particular the use of "vocal" and "visible" to describe the critics and protests of the WTO clearly show that Robbins and Coulter are defendants of the old guard of the global economy. Using such light language to describe the massive protests that have occurred world-wide at almost every recent WTO meeting (Seattle in 1999 for instance, well before this book was published) clearly shows Robbins & Coulter’s bias on the topic. Robbins & Coulter use this chapter in the book to show that "Global trade isn’t new. Countries and organizations have been trading with each other for centuries." (81) in order to make a claim that globalization is inevitable and then they go on to describe how we as managers should adapt to the increasingly smaller and more intertwined economic environment.

Right in the same paragraph as the last quote Robbins & Coulter state "When trade is allowed to flow freely, countries benefit from economic growth and productivity gains because they specialize in producing the goods they’re best at and importing goods that are more efficiently produced elsewhere." Ideally, this is how globalization would work. In reality, the IMF, World Bank, and WTO constrain emerging markets by forcing them to adhere to their rules in order to receive loans. Without loans from these organizations, third-world countries have little hope of catching up to the developed countries of the world. However, by accepting the rules and cashing in the loans, these countries’ economies are further degraded by the rules; ironically enough many of the rules the WTO attempts to institute on these third-world countries contrast sharply with how many of the rich countries of the world have gained their wealth. It is a vicious cycle and I wish Robbins and Coulter would have delved more deeply into this portion of globalization. In short, Robbins and Coulter believe in the principles of globalization and that ideally all participants would benefit.

In contrast, the Free Trade and Equal Exchange organizations attempt to remedy many of the problems caused by these global financial regulatory organizations. These two organizations accomplish this by instituting their own rules "By requiring companies to pay above market prices, Fairtrade addresses the injustices of conventional trade, which traditionally discriminates against the poorest, weakest producers. It enables them to improve their lot and have more control over their lives.(Fairtrade)" By forcing companies to pay more for goods (in order to obtain the very in-demand FAIR TRADE mark), Fair Trade is giving the poor of the world more freedom. Robbins & Coulter would argue that by providing the poor of the world with opportunities, the WTO and similar organizations, are enabling the poor to enrich their lives.

Unfortunately, the only opportunities these third-world countries are routinely offered are those undesired or unprofitable to maintain in a "rich" country. As the New York Times article points out, Mexico receives car manufacturing jobs, but not the knowledge to manufacture their own jobs. Whereas Fair Trade and Equal Exchange attempt to actually free up the economy, by connecting buyers willing to pay higher prices with producers willing to put in that extra effort to obtain the higher price; the global economy discussed in the textbook is one which only works for the medium to large corporations and in effect keeps the playing field uneven by restricting how developing countries can improve their economies. Fairtrade and Equal Exchange attempt to fix the inefficiencies caused by globalization, they deal with the reality of the situation, rather than citing the benefits the theory of globalization "proves".

Intuit: The Small Business Helpers

Another day, another discussion post from my Principles of Management class at Umass Amherst. This assignment involved describing why a company on Forbes’ 25 best managed list was so well managed. I chose Intuit, the makers of Turbo Tax and other accounting software. If there are any Intuit employees out there reading this, I would very much welcome your comments on the accuracy of this post. Even if you’re not an employee of Intuit, your comments are still much appreciated and welcome.

Many of you probably know of Intuit, or at least have heard of their insanely popular Turbo Tax software. Intuit is a medium-sized company, employing 7,500 people, and was founded in Mountain View in 1983. Intuit develops accounting and finance software to anyone who needs it, businesses, consumers and accountants. I personally use their software at least once a year, via their free electronic tax filing program. In addition to being one of the 25 best managed companies, according to Forbes.com, it also is listed as one of the top 100 best places to work for on Forbes list.

Using my intuition (no pun intended), I would think that Intuit would have to have a high level of attention to detail. Not only is Intuit in the Accounting industry, in which a slight error could literally cost millions of dollars (if not more), they are also in the software industry, where, based on my personal knowledge of computer programming via my Computer Science AP class in high school, the slightest miscalculation, typo, or omission could literally cause an entire program not to run. From the Fobers.com profile, it’s also apparent that Intuit is oriented to both outcomes and people, as the CEO, Steve M Bennet, points out "We win because we emphasize customer-driven innovation, along with technology-driven innovation" (Intuit profile). In this industry, it’s especially crucial for Intuit to listen to their customers and actually develop their products to meet their customers’ needs. Intuit is challenged by new and old rivals constantly. Intuit controls 91% of  the small business and 74% of the consumer markets. These two markets are very unique in what they need. Some people only need a very simple accounting program to help them file their taxes, while some small business owners may have global operations for which the accounting can becoming very intimidating, very quickly. In order to keep their customers happy and away from competitors, Intuit must be receptive of its’ customers ever-changing demands. They accomplish this in a manner of unique ways, for instance the Practical Accountant reports that Intuit has devised software that can read data from scanned tax forms and input it into Intuit software for analysis (Practical Accountant, Tech Bulletin, pg. 20 Vol. 40 No. 1, LexisNexis1). This will help small accountants by eliminating the need to manually type in data from their clients tax forms. New programs such as this one point to Intuit allowing their employees to take risks to enable a strong innovative culture in which ideas can flourish. Another example of the strongly innovative culture at Intuit is their acquisition of Digital Insight Inc., an online banking services provider, which will enable the merged company to better position itself to offer a full suite of financial services to its small business customers (Accounting Today Pg. 1 Vol. 21 No. 1 2007, LexisNexis2). This acquisition is a huge risk for Intuit as it is a leap from their traditional business, however, in the grand scheme the merger represents a huge benefit to both company’s customers as they can now go to one source for many of their financial services needs.

Intuit is also a huge proponent of its’ employees being the reason for their success and in turn Intuit aims to keeps its’ employees happy. Looking at the career section on their website, I’m very intrigued by their culture, from the simple motto of "It’s the people" to the fact that they issue employee surveys to which managers are expected to respond. These surveys have enabled Intuit to go beyond meeting it’s employees basic needs and seems  to have created a great work-place. Managers are graded on employee expectations to:


  • Help me be productive, do great things and be the best I can be
  • Let me know where I stand and how I’m doing
  • Invest in me to help me grow fast
  • Pay me fairly and recognize my contributions
  • Make me an integral part of the team
  • Create a positive work environment

(Career section of Intuit.com)

Even though Intuit is successful because of it’s employees and innovative products, they are also in a good industry, as there will almost always be a demand for tax preparation assistance. In this regard, Intuit faces a pretty stable environment. Intuit continually emphasizes that is employees are a huge reason for it’s success, it only makes sense then that quality people are a huge supply issue for Intuit. They are located in a good location, near Palo Alto and the many intelligent people who live in the area. As Intuit is moving more and more to a web-based format, bandwidth from internet service providers is another crucial supply issue. Another supplier for Intuit would the banks who provided them the means to download data to the customer’s computers so it can be loaded into the Intuit program. Although there are many competitors to Intuit, they clearly hold the market lead for their targeted markets. Microsoft has recently begun to go after Intuit but so far has not been able to match the quality provided by Intuit. Another supplier for Intuit would be the various accounting standards groups, as they are the ones who alter accounting rules which in turn forces Intuit to put out new versions of their software that is in compliance with the new accounting rules.

It’s very clear that Intuit is a very responsive company. It’s managers must not only be aware of and respond to customers but also to employees, "In fact, people are so important that the primary job of each manager here is to help people be more effective in their jobs and to help them grow and develop at Intuit." (Intuit Operating Values). The managers at Intuit are true managers, in that they are not expected to go hands on and do the work of their employees, rather they are expected to guide and help the employees do the work Intuit needs them to do. In my mind, I can imagine Intuit managers being the ones responsible for predicting customer demand and notifying employees of new accounting rules, so that the employees can focus on developing the software, interface, and equations that will allow consumers to manger their finances. Intuit is also a huge proponent of teams and the sharing of ideas amongst those teams. This contributes to Intuit’s success because they do not value who comes up with a new idea but the idea itself. This seems to loosen up the culture inside Intuit to enable employees to make progress and continually innovate the products as employees do not have to deal with the politics of the office. Many people consider accounting to be a boring and stuffy topic, and with the creative, open culture at Intuit, it allows the company to portray an easy-going image which directly impacts it’s software and customer’s perception of the company and it’s products.

Another way the internal culture of Intuit complements the external environment it functions in is it’s emphasis on integrity. The first point in the Operating Value section of Intuit’s website is "Integrity without compromise"; it is inherently important for an accounting software company to display integrity, especially in light of the new Sarbanes-Oxley law enacted to deal with corporate scandals revolving around lying about financial results.

Another operating value of Intuit that correlates directly with the environment they exist in is "Think Smart, Move Fast", which is described as coming up with new ideas and implementing them quickly to maintain their technological advantage over Intuit’s competitors. In the world of software companies, the playing field is constantly changing, and if Intuit’s employees were not allowed to exchange ideas freely and implement them quickly, Intuit would quickly fall behind it’s competitors and would lag behind in providing customers features they need and want. Although Intuit is in a very delicate industry, helping people and business manage their money, it seems to be a great place to work as managers are given the freedom and responsibility to ensure that the workplace is an efficient exchange of ideas.


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  • Au Bon Pain, Richard Thibeault, and the Controls that “Guide” Them

    This discussion post, for a Principles of Management class at Umass-Amherst, was in response to an article in the Wall Street Journal, entitled “In Name Only: For Richard Thibeault, Being a `Manager’ Is a Blue-Collar Life — Grueling Hours, No Respect Make Low-Tier Bosses Feel Tired and Troubled — `Factory Work Was Easier‘”, written by Jonathan Kauffman. The first paragraph may seem irrelevant (as it is out of context), however the classmate who posted before me wrote that Theo Epstein originated the use of unusual, marginal statistics, to discover great baseball players; any self-respecting baseball fan will tell you Bill James is considered the founder of this statistical discipline.

    Quick side-note on Theo Epstein, he did not come up with the idea of using these "unusual" statistics (Bill James did), nor, as the book Moneyball proves, was he the first baseball general manager to evaluate players this way (Billy Beane of the Oakland A’s was); the real reason for Theo’s success was a higher budget than the A’s and the brilliant move of hiring Bill James as a Red Sox consultant [plus Theo already had the 'Greek God of Walks', Kevin Youkilis, who Billy Beane has been coveting and trying to acquire for YEARS). I had to get that off my chest, go Red Sox! Now onto my post...

    The overriding control structure in place at Mr. Thibeault's Au Bon Pain [that Pain is very ironic considering the details of Mr. Thibeault's work-life] is a bureaucratic market scheme. Mr. Thibeault receives constant sales and cost projections from his bosses who are far removed from the daily struggle to keep the restaurant afloat. Towards the end of the Wall Street Journal article, Mr. Thibeault receives another new form that he must fill out reporting on a few factors four times a day. The corporate headquarters don’t realize that these forms will only impede the success of the store even further, and instead of pointing this out to upper management, Mr. Thibeault decides to go ahead and comply with the form because "…if it’s the rule, I will do it." (Wall Street Journal, Oct 1, 1966 For Richard Thibeault, Being ‘Manager Is a Blue-Collar Life, 4).

    The structure in place directly impacts the types of controls Mr. Thibeault has to exert on his employees, himself, and all the other resources needed to run the Au Bon Pain restaurant. This is one of the times Mr. Thibeault has to measure the performance of his store; however, Richard also has to analyze reports that come in over the computer and compare them to his store’s performance. Many of the times, his store deviates from the projections by not meeting sales targets. When this happens he must take corrective actions to help bring performance in line with the corporate goals, but as he is already overwhelmed with his job as it is, the steps he takes are usually less effective immediate corrective actions, such as telling his employees to pick up the pace or stepping in himself and doing many of the tasks he is supposed to be managing. If Mr. Thibeault had more time to actually manage, he might be able to take basic corrective actions such as analyzing bottlenecks, predicting peak demand better and be able to schedule resources, both human and food, to match peak demand. Revising the standard is not an option for Richard as his targets come from the detached corporate headquarters via his computer.

    Thibeault attempts to use some feedforward control, such as hiring more employees to match demand to speed up the service or offering special sales discounts to increase his customer base but is always denied from above via computer printout. Instead Thibeault relies heavily on concurrent controls, such as encouraging employees and by performing tasks, such as baking muffins, picking up croissants, and handling customers, himself to ensure they are done properly. In this instance, Thibeault is both exerting control and being controlled (albeit by himself and indirectly by the corporate headquarters). Richard also uses feedback control, for instance when he puts up notes stating that taking items without paying for them will not be tolerated and by firing inefficient workers.

    Mr. Thibeault is also heavily pressured by financial controls, which I’ve discussed above, are the printouts from his corporate headquarters demanding a certain level of sales while keeping costs below a certain threshold. The pressure to match these levels ends up damaging the ethical environment of Au Bon Pain, as Richard tampers with the earnings of the store by replacing missing cash with money out of his pocket. It seems odd to describe this behavior as unethical, as Richard is helping an employee out, but in essence he is lying about where that money is coming from and in a way is "managing earnings".

    As noted above, Thibeault mainly uses feedback and concurrent controls, even though they are less effective than feedforward controls. This problem starts at the top though, as Richard himself only receives feedback and concurrent controls. Upper management denies him a bonus when he fails to reach a sales goal (negative feedback) and constantly provides him projections and up to the minute sales data to show how he is failing at achieving corporate goals. I did not observe any evidence of feedforward control being provided to Mr. Thibeault to help him achieve his goals. Instead upper management constantly tells him he is falling short and then sets him up for more failure by impeding him from working on improvements by asking for even more reporting.

    I never thought my decision between Au Bon Pain and Dunkin Donuts (or any other fast food place) might have such a negative impact on the people inside those stores. It’s readily apparent that there are inefficient and ineffective controls in place at this restaurant and that causes many of the issues the book discussed, employee theft, workplace violence (the door slamming in Thibeault’s face, screaming in the food locker), emotionally troubled employees and so on an so forth. Mr. Thibeault is truly imprisoned in this unreasonable world and in turn he has no choice but to take it out on his employees and even friends and family outside of work (for instance when his beeper interrupts time with his parents). This article is a prime example of how micro-management, and especially the wrong type of micro-management, can lead to problems that can only be resolved by loosening the old ball and chain.