Ethics, the Law,.ppt

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    Ethics, the Law,

    and Sales Leadership

    Topic

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    Learning Objectives

    Identify the more common ethical dilemmas

    Distinguish between organizational policiesand practices that support ethical behavior

    and those that enable unethical behavior Explain how principled leadership can foster

    ethical principles and corporate culture

    Develop an appropriate course of action whenyoure personally faced with an ethicaldilemma

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    Who Exaggerates Least?

    Professional salespeople?

    Preachers?

    Politicians? Professors?

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    In a study where people were asked about their own

    knowledge, skills, and abilities

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    Approaches to Ethics

    Approach Summary Pros and Cons

    Golden Rule Treat others as youwould like to betreated

    Personalizes ethical decisions, making it easy todetermine what to do

    Fails to account for situations in which others are inconflict

    Conventionalist Acts are OK as long as

    its legal or if everyoneis doing it

    Fails to account for gray areas, in which acts are not

    specified as either legal or illegal

    Protestant Ethic Do what you can,defend to a committeeof peers

    Whats ethical is based on the intended, not actual,outcome

    Can lead to more concern about doing what can bedefended than what is right

    Market ImperativeApproach

    The market willdetermine what is right

    Provides clear responsibilities for individuals

    Can devolve into might is right scenario

    Libertine Ethic Do what you want, aslong as no one getshurt

    Outcomes are important, and a responsibility for others isassumed

    Can lead to problems when others are harmed indirectlyor harm is not obvious

    Utilitarian Ethic Do what has the bestoutcome for allinvolved

    Outcomes, and honorable intent, are important; requirestaking responsibility for others

    Its unclear who gets to decide what outcomes are best

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    The Golden Rule

    Do unto others as you would have them do

    unto you

    Challenge: there are multiple others, and

    their needs or wants conflict

    Weakness: assumes that the way you want to

    be treated is the way others want to be

    treated

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    The Conventionalist Approach

    Suggests that people should takeany and all actions allowed bylaw or by convention Everybodys doing it, so it must

    be okay

    Do it until they say you cant

    It is easier to ask forgiveness than permission

    Weakness: doesnt consider whats ethical and

    not ethical

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    The Protestant Ethic

    Could I satisfactorilyexplain this choice to acommittee of my peers?

    Weakness: pick the rightcommittee, and you can

    probably explain awayanything

    Weakness: intent is more important than actions

    Providing evidence of honorable intent can be difficult

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    The Market Imperative

    The market requires a person to act in his or her own bestinterest

    Based on Adam Smiths classical economics approach to capitalism

    The salesperson works for the organization, and the

    organizations needs come first Counter-argument: corporation is an entity granted the right

    to exist by society, so the corporation must be governed bywhat is best for society in addition to maximizing shareholderwealth

    What is best for society must balance the interests of the differentpeople within it, shareholders, employees, and customers alike

    Smith might say these groups should fight it out

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    The Libertine Ethic

    Individual freedom: oneshould be free to do whateverone wants, as long as no oneelse gets hurt Customers should be free to

    make their own decisions

    Weakness: identifies only thetwo parties in the transaction

    as being important; conflictsamong other groups are rarelyconsidered or resolved

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    The Utilitarian Ethic

    Do the positive consequences outweigh the

    negative consequences?

    Weakness: who gets to decide the value of the

    positive and negative outcomes?

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    The Salesperson as

    a Boundary Spanner

    Boundary spanner: operates both outside of

    and within an organizations boundaries

    Work within their company but also work with

    customers outside the company

    Because salespeople are boundary spanners,

    they encounter ethical dilemmas externally

    with customers and internally with other

    employees

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    Who Does the Salesperson Represent?

    The Company The CustomerThe Salesperson

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    Ethics in Sales Management:

    Done Right

    Salesperson Dave made it clear that while

    Laura worked for Travelocity, he worked for

    both her and the company

    Collaboration and respect made them a

    successful team

    When sales is done right, friendships can

    develop and great things can be accomplished

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    Common Ethical Issues between

    Customers and Their Salespeople

    Misrepresentation Salesperson exaggerates benefits or minimizes

    problems, leading a customer to draw erroneousconclusions

    Bribery Salesperson attempts to influence a buyer unfairly by

    offering a gift or money

    Privacy

    Salesperson fails to protect the privacy of another customerby giving the customers confidential information toanother customer

    Salesperson invades the customers privacy with spam orunwanted calls

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    Ethical Issues Associated with the

    Salespersons Company

    Stealing Salesperson fails to work a full day, stealing time

    Salesperson pads expense accounts

    Claiming

    Credit

    Salesperson steals other peoples leads

    Salespeople misrepresent location of customerto receive credit for an order belonging to someoneelse

    Sexual

    Harassment

    Salesperson experiences unwanted sexual offers orinappropriate physical contact

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    Creating an Ethical Sales Climate

    Code of Ethics

    Supports Salespeoples intentions to remain ethical, offering

    salespeople an out when under pressure

    Helps Salespeople inform others that they intend to conduct

    business in an ethical manner

    Provides Salespeople and other employees with guidelines and

    standards for conduct

    Attracts High-quality salespeople

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    Copyright 2009 Pearson Education,Inc. Publishing as Prentice Hall.

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    Identifying and Responding to

    Ethical Breaches

    Encourage

    Whistle-Blowing

    Use Technology

    to Identify

    Questionable

    Activities

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    Due Process Systems for Responding

    to Ethical Breaches

    Mediator/

    Counselor

    Manager investigates, leads discussions, builds consensusabout potential guilt of accused person and need for changesin organizations practices or policies

    Grievance &Arbitration

    Guilt and punishment investigated and discussed byprogressively higher levels of management and labor

    Investigation &

    Punishment

    Upper manager investigates potential violations, determinesguilt, and assesses punishment to the guilty

    Employee-

    Board

    Mediator/Counselor role taken on by board of accusedemployees peers

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    Are Managers equally lenient or strict?

    When a sales rep acts unethically

    High performers tend to be treated leniently

    Even when they have acted unethically before

    Even when policy does not allow for different treatment

    Even when the breach is serious

    But the act is the key to the punishment, not the excuse or

    reason for the act

    Sources: Joe Bellizi 2008, Honoring Accounts of Top Sales Performers and Poor Sales Performers Who Have

    Engaged in Unethical Selling Behavior,Journal of Global Issuesand his work from 1997 to 2003

    How can a sales leader avoid variety in punishment?

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    Dealing Personally

    with Ethical Breaches

    QuitTake a

    Stand

    Negotiate an

    Alternative

    Appear

    to Agree

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    Laws for Sales Managers

    Labor Laws

    Fair pay issues, appropriateemployee selection andretention issues

    Reporting processes and legalrequirements for sexual

    harassment claims

    Market Lawsto Promote Fair Competition

    Foreign Corrupt Practices Act

    Robinson-Patman Act andantitrust acts that forbid pricediscrimination andnoncompeting agreements

    Whistle-blower laws