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When It's OK to Break the Rules at Work

February 17th, 2009 @ 8:05 am

72 Comments

Categories: Management, Managing Others, Research

Tags: Supervisor, Physician, Worker, Sean Silverthorne

Harvard Business School professor Michel Anteby’s research dwells in the “moral gray zone,” where workers break the rules with the unstated support of supervisors and the betterment of both.

A moral gray zone is a department store employee setting aside clothing to later purchase for himself when the item will be deeply discounted.  It’s a mail carrier finishing her route early yet staying on the clock until the workday has officially ended. It’s a paramedic providing unauthorized medical care to an emergency patient in order to save a life. In all cases, says Anteby, these activities are known by supervisors but allowed to go on.

Why would management be so complicit? Out of a belief that the questionable activities provide hidden yet important benefits. It might be a manager’s way to reward an individual for great performance in the job. Or, in the case of a factory worker who uses company time and equipment to make an item to take home, he might be learning techniques the employer finds valuable.

In an interview with HBS Working Knowledge about his new book Moral Gray Zones: Side Productions, Identity, and Regulation in an Aeronautic Plant,  Anteby outlines two implications for managers working in moral gray zones:

  1. These “leniencies” are part of the managerial toolkit. They allow work to be done.
  2. In the case of a physician who allows trusted paramedics to perform medical procedures in the field, “physicians cater to the paramedics’ occupational identities,” Anteby says. “Paramedics become who they aspire to be, namely ’saviors.’ These paramedics are also more likely to cooperate with the physicians in the future. Thus, moral gray zones enable both managers and workers to perform their roles.”

Anteby says his students constantly provide him examples of moral gray zones they have encountered in the workplace. Which ones have you seen? Do you think they helped the organization?

 
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  •  
    1

    pauldgpmp

    02/17/09 | Report as spam

    RE: When It?s OK to Break the Rules at Work

    There is an excellent video on TED by Barry
    Schwartz that addresses exactly this situation. http://www.ted.com/talks/barry_schwartz_on_our_los
    s_of_wisdom.html

    This is a must see presentation.

    BR,
    Dr. PDG, Jakarta

  •  
    2

    cindyrobertson

    02/17/09 | Report as spam

    RE: When It

    I had not heard of the Moral grey zone until I read this article. I work for a State entity where there is no stick and no carrot. Managers have little to no leverage when a little motivation is needed for hard work. I have given "off the books" days off as a reward for hard work and it has always paid off. The employee continues to perform above and beyond when they know their manager is taking care of them dispite the rules
    Cindy

  •  
    3

    donmurdo

    02/17/09 | Report as spam

    A poor argument indeed...

    Oh, let me count the ways how this article is so wrong.

    1. "Setting aside clothing" - we should not excuse someone that knowingly denies their employer profit, causing inventory to be carried over = lost opportunity cost for the employer.
    2. "?mail carrier finishing her?" - we call this "lying sideways in the public trough". This is an example of people doing what is good for themselves, not the common good; taking advantage of the system - waste, at the expense of the tax payer. A public servant should always act in the best interest of their employer - the tax payer.
    3. "? management be so complicit?" - Lack of will; managers unwilling to have conflict; unwilling to enforce company policy - a slippery slope, that may get their employers in trouble. Further - MGZ's are a horrible way to show favoritism, which will definitely cause legal problems at some point.
    4. ?? physician who allows trusted paramedics" - allowing someone to practice skills outside what they are LEGALLY allowed to do - knowingly - puts the physician at risk. It puts the patient at risk. What happens if the paramedic fails - and they were operating outside their legally allowed skill range, w/ the tacit consent of a physician working for a hospital ER? A paramedic faced with life and death, making a decision, and reaching a little is one thing. A physician allowing it to occur repeatedly violates the local (regional) medical protocol, which is established to protect the patient. It is weak minded to make this emotional appeal over matters of life and death to the readers in order to justify your point of view (this moral gray zone business). (I did ambulance duty in the 90's - I am not just ranting here, I have literally held a woman's head closed at one accident on a lonely road in West VA, while hundreds looked on in shock).

  •  
    4

    racruz_1949@...

    02/17/09 | Report as spam

    RE: When It

    Never heard of such an idea, nevertheless, this thing always happen in any workplace. however, in the future these people will surely bypass their supervisor and will act as one with authority. liniencies in the wrong direction will backfires.

  •  
    5

    HaslKelchner

    02/17/09 | Report as spam

    You want to break what?

    The theory of moral gray zones sounds good and is probably practiced by managers in many organizations.

    Unfortunately, breaking the rules or bending them for certain employees but not others leads to unequal treatment that can later turn to velcro and bond with claims of discrimination, for example, or in your physician/ paramedic example can lead to claims of negligence and malpractice.

    If rules need to be bent or broken, perhaps the better course of action is to rethink the rules. Policies should help manage employee expectations. They should define what's cool and what's uncool, and make it easier for employees to do what's in the best interest of the employee as well as the organization. If the rule no longer makes sense -- change the rule. If it does still make sense -- explain how and why it's a good thing for everyone involved. Make it relevant.

    Policies can become obsolete overtime. But treating them as obstacles to be avoided or trampled instead of guideposts for managing expectations sends the wrong message. It fosters a culture of casual or non-compliance and can tee up expensive legal problems.

    H. Hasl-Kelchner, The No Nonsense Lawyer
    www.legalliteracy.com

  •  
    6

    monger@...

    02/17/09 | Report as spam

    RE: When It

    It is certainly done often and it is often thought of as OK in some way. If it is only a way to reward oneself in someway and it isn't legal - its theft.

    It is not a moral grey zone. I agree there are no moral absolutes. This sort of practice is not grey - it is up the black end.

    There are grey areas - these are not them. Guy at Harvard needs a good long think. Just because it is done doesn't make it right.

    This sort of grey area think lead to the financial colapse your country has faced

  •  
    7

    Rational_Observer

    02/17/09 | Report as spam

    RE: When It

    Well, finally the B School chose on this subject very heartening indeed.
    Yes, it is used and provides an effective understanding and partnership between the superisor and the employee -- even in the non-lifethreatening / non-paramedic type work. It is a big morale boost for the employee and sometimes even when the immediate sueprvisor was in a bind, the employee (is morally obliged to reciprocate and sort of shield the supervisor). Within reason and with a good understanding, this is indeed a good Mangement Strategy.

  •  
    8

    ms1finley@...

    02/17/09 | Report as spam

    OK to "Break the Law"?

    I am distrubed by both the concept of the article and the lack of knowledge of "the Law" contained therein, especially in regards to the paramedic.

    Most states have "Good Samaratian" laws to protect folks who offer aide to others in energency situations. All medical personnel are trained on the actual statutes of their respective laws, and must act within those paramaters to both save lives and avoid eihter a malpractice sutuation or, worse, charges of manslaughter. Acording to Wikipedia and my experience, "such laws generally do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity."

    In regard to 'leniencies', I do bleieve that creative managers can find ample ways to reward without 'breaking the law'. And creative employees can find ways to remain within the law and serve their employers well.

    Is this "breaking the law" concept the very one used by the Peanut Company of America to distribute containated peanut butter and cause illness and death to our citizens? Let me see... oh, yes, we are not even sure that the management even broke the law, but simply shopped around for labratory results that allowed them to profit with a "clean conscious".

    In the moral realm, there is always something better that good and higher than right, something stronger than and above the law. Let's look for the loving things to do, the ways to serve one another, the methods to do for others as we would have done for ourselves. Let us go the extra mile... do as the Good Samaratain did... care well for those not our own.

  •  
    9

    kate#2

    02/17/09 | Report as spam

    RE: When It

    Well, don't some of us have our knickers in a twist?
    Rules don't see the heart. The heart is where we see the greed, generosity and balance of people.
    I applaud the stand of updating policies that are outdated. The logistics however are daunting.
    Good for the paramedic who acts, good for the physician who lets him.They are his eyes and ears in the field. That's teamwork. What we saw on wall street was greed, plain and simple.

  •  
    10

    NelleG

    02/17/09 | Report as spam

    RE: When It

    there are moral grey zones in the workplace that when used judiciously will yield greater productivity but unfortunately I can't really get behind the ones cited. For examplle taking advantage of taxpayer money by fraudently clocking in is NOT a good idea & will certainly lead to unsanctioned abuse. A dr allowing a paramedic to do work in a physician's domain is not a moral hazard, it's morally & physically dangerous.

  •  
    11

    Mike Van Horn

    02/17/09 | Report as spam

    Moral grey zone?

    "It?s a mail carrier finishing her route early yet staying on the clock until the workday has officially ended. It?s a paramedic providing unauthorized medical care to an emergency patient in order to save a life."

    Regardless of rules, these do not seem like clear-cut issues to me. Is the mail carrier's pay dependent on completing a particular job, or spending a particular number of hours?
    Would we prefer that the paramedic allow the emergency patient die?

    I for one think that many rules should be tempered by judgment and integrity. I think we could rank rules by how important it is to adhere to them exactly. Examples from two points on the spectrum: a) when to arm and use weapons, b) jaywalking across a deserted street.

    There are also many poor rules made in haste by people in authority who don't think them through beforehand. In addition, there are many conflicting rules, so that you can't abide by one without breaking another.

    Any discussion of rules needs to take all this into consideration.

    mvh

  •  
    12

    ceasesmith

    02/17/09 | Report as spam

    RE: When It

    Moral ambiguity? Staying on the clock but not working is THEFT. If an employee consistently exceeds productivity goals, give them a nice bonus & a raise! I'm a mother; when my children were young, they understood that we had rules. One set was immutable, and I called them "safety
    rules" - hold hands crossing streets, look both ways, don't talk to strangers, etc. As a manager, I use the same philosophy: we have a set of rules that are UNBREAKABLE FOR ANY REASON
    like, pay your payroll taxes. The basis for most of my "unbreakable" rules are laws. Other workplace rules can be altered by discussion, reasonableness, and proof that they are onerous. But the workplace rules that are based on State and Federal law cannot be broken.

    "Gray" my foot.

  •  
    13

    cshyatt

    02/17/09 | Report as spam

    RE: When It


    The moral gray zone?WOW? some poor lessons from an MBA program. There is no honesty, integrity, or moral standard to it. Ask your self, if you owned this company would you allow this practice. When you own the business or are a partner, you can do any of these above mentioned situations. As a manager you have created a loss, more expense or greater liability for the owner or share holders. If you want to allow these benefits they needed to be an accepted practice that all can attain to, not handed out to a few individuals demined special. You practice these MGZ and you are headed down a slippery slope. These MGZ will be noticed by others, and now why will they want to work harder. For those that get this special MGZ treatment will likely see what else they can get away with. Don?t open that door, I have been there as an owner and have watched both sides of this play out as a negative. When it comes to saving a life, save it.

  •  
    14

    tramky

    02/17/09 | Report as spam

    RE: When It

    It should be noted that a disproportionate number of top executives at the financial companies that have been most heavily embroiled in the ongoing financial collapse came out of Harvard Business School. Now we know why that would be the case: it IS a matter of the foundation of their business education.

    We will increasingly learn that it has been MBAs and other high achievers from this country's elite business schools that made all the wrong decisions, engaged in all the greed, and went begging to Congress and those riff-raff, American taxpayers, to bail their sorry asses and their sorrier companies out.

    So we have--well, Congress did, not the people of the United States, and the markets are giving us the verdict: anyone hear a 6,000 Dow? It seems to be on its way as the change this country voted into office is on its way.

    And GM & Chrysler are begging for more billions from American taxpayers while at the same time they dump American taxpayers, their employees, into the street. The thieves ARE running the place and they are more brazen by the day because, as they say, "We won."

    God help us.

  •  
    15

    aboulfaraj

    02/17/09 | Report as spam

    RE: When It

    The "gray zone area" exists in all the world, and on all levels, From Kings and presidents of all the states to the lowest level of any organization or family, and during the whole history but it might have never been given that name but the concept exist.
    The size of the "gray zone area" reflects degree of occpancy of acts under either the white or the black and the width of the "gray zone area" clarity, transperancy, fresh air standards, ... settlement of rights ... etc. Vs ambiguity, worng doing, allowing passing of laws/rules breaking, unaccepted exceptions ... etc and all similar fall under the gray zone area.
    In the time negociations are carried in the United Nations to stop war on Viatnam the aircafts bombed the country .... execution in the gray zone area were always there but it differ in its degree but who, and how or why allowed some times it is a necessity to reach certain results regardless it is legal or not and moral or not ... etc
    How you deal with this situations it depend on many things too but at the level of organization and employees judging and control management books have a lot to read and learn about it.
    Aboujlfaraj

  •  
    16

    matwat

    02/17/09 | Report as spam

    Agree with tramky

    Yes, it's people leveraging these moral gray
    zones who have cause the current financial
    crisis.

    Disgraceful.

  •  
    17

    nkozi

    02/17/09 | Report as spam

    Y'all are missing the point

    All of you on the moral high horses are missing the point. Maybe the examples given are not the best ones, but being the CEO of a small company I know exactly what the author is referring to.
    The keys here are "grey zone" and "positive outcome". There are things that break the law that are simply despicable and should be punished, or like the Wall Street fat cats who bent the rules out of greed, but they do NOT fall into the "grey zone".
    If a mail carrier finishes her route early because she works fast and accurately and does the same or more than her colleagues, by all means let her go home, and keep her motivated. Tha taxpayer got more than their bang for their tax dollars. If a paramedic saves a life by breaking the law, I'd say GREAT!!! and encourage him to go to med school to "legalize" his skills. What would you rather do? Punish him for saving a life?
    The point here is that in all of these cases, the outcome is positive, even if the methods are "bending" the rules or laws a bit. Read the article again, and pay attention this time.
    Put it this way: If the Wright brothers had stuck to the rules (heavier-than-air objects stay earth bound), where would we have been? It is by challenging established rules and norms that we learn and grow.

  •  
    18

    sindhu-scope

    02/18/09 | Report as spam

    RE: When It

    nkozi: Good for putting things in perspective.

  •  
    19

    sindhu-scope

    02/18/09 | Report as spam

    RE: When It

    nkozi: Good for putting things in perspective.

  •  
    20

    DebF

    02/18/09 | Report as spam

    RE: When It

    Does this only happen in workplaces? I thought it happened in every walk of life.

  •  
    21

    DebF

    02/18/09 | Report as spam

    RE: When It

    Does this only happen in the workplace? I thought it happened in every walk of life.

  •  
    22

    Ian P

    02/18/09 | Report as spam

    MGZ's are a two edged sword

    I definitely agree with cshyatt on this. Educational Institutes, like Churches, have always played the moral high ground when it suits them. Now it seems to be fashionable 'get down and get dirty'.
    An article like this coming from Harvard clearly demonstrates the extent to which they have fallen down the slippery slope.
    At a time when major businesses worldwide are learning morality and pushing down 'ethical codes of conduct' to their teams, Harvard comes up with a gem of this nature.

    However, to get to the point. MGZ's are fine while the employer or supervisor is on your side. When he isn't you get sacked, simple as that...and if he is feeling really grumpy then possibly a court appearance could come your way. There goes your reputation!

    Make moral grey zones disappear;-
    If there is something you must do or really want, talk to your employer and get his clear permission.
    If there is something about your job that could put you on the wrong side of the law, talk to your employer about it. He may not understand or even be aware of potential breaches. It may even be your misunderstanding of the law that is at fault.

    In the example of the medical emergency given, US, UK and European law is quite clear. It is permissible to break any law to save a life or prevent immediate injury to others, as long as you don't put others at risk by doing so. These things happen daily.

    nkozi's response appears reasonable, but it is based on the view of an enlightened employer who is happy to give the nod to practices that make life easier and, if he gives the nod, then that means as an employer he condones the practice, so the grey zone doesn't exist for the employee, he has tacit consent for his action.
    But just suppose he/she employs a single mother, who to pay for medication for a mortally sick child 'borrows' $10,000 out of his business without asking him, she may have a clear intention to pay him back as soon as she can afford. The loss of that amount, even for a week, could put many small businesses into bankruptcy and put everyone out of work. Would you say 'GREAT' to that. The outcome for the mother and child is positive. The rest of the business suffers.
    Had she discussed the issue, you as an enlightened employer may well have made arrangements and lent (loaned?) her the money.

    I know you only reported the research Mr Silverthorne but this whole report puts both BNet and Harvard in your own MGZ by appearing to encourage or at least condone theft and moral backsliding.

    Bad call, very bad call.

  •  
    23

    nkozi

    02/18/09 | Report as spam

    @ Ian P

    Sorry, you too are totally missing the point.

    Your example of the mother with the sick child amounts to theft, and does not fall into the MGZ. So does pilfering company stationery for home use, and it happens everywhere. Actions in the MGZ does not hurt anybody, but is of mutual benefit to everybody.

    Most laws (and corporate rules) are there to prevent "loose cannon" behaviour. You must distinguish between the letter and the spirit of the law. As an example, if the mail carrier does not pull her weight and goes home early every day, it would NOT fall into the MGZ.

    Speeding

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