Legal and Compliance

 

Firing the CEO

How a Public Relations Strategy can Limit the Damage

By David Weiner, MBA and Aaron E. Boles, LL.B.

We’re in the era of permanent change, and CEOs are fair game for the chopping block, as organizations everywhere constantly overhaul their operations to become more competitive.

Where corporate leaders once were afforded a degree of latitude when company performance lagged for a quarter or two, they now are increasingly being held responsible for underperformance by boards of directors. A bad six months of financials is often enough to see off the CEO. And there are a host of other reasons that company leaders get sacked, ranging from disputes with the board to personality clashes with the management team. The post-Enron era has also created a hair trigger response if a corporate boss is suspected of cooking the books; the best way to diffuse a cloud of suspicion looming over questionable financial reporting is to eject the person in charge.

The legal position of a dismissed corporate leader isn’t always clear, which makes the communications aspect even murkier. One thing that is unambiguous, however, is that bungling the firing process can turn a challenging situation into a corporate crisis.

Twenty years ago, public displays of disaffection by a terminated executive were rare, since most were afraid that a lawsuit or excessively negative commentary to the media could damage their reputation. Badmouthing your former employer raised the prospect of having difficulty landing new work – a lawsuit was considered even worse. There was also an understanding by executives that they were members of the corporate club and as such, they had to accept the hard realities of life at the top, including being unceremoniously dumped at least once in their careers.

This is no longer the case. Two trends are emerging: terminated CEOs are filing wrongful dismissal lawsuits, and the media are scrutinizing all aspects of the departure. These trends are likely to continue and involve an expanding cross-section of the C-suite, including COOs and CFOs.

All of this spells potential trouble for companies: the last thing any organization needs is a nasty fight with a former executive. And in the absence of sound communications planning, stakeholders can be left wondering about the stability of the company. The impact of a dismissed CEO on the organization can be measured in productivity, investor confidence, and strategic integrity, as well as dollars. Share price can take a beating and when stock performance falls, the remaining executives often get the blame – and the cycle of dismissal continues.

Whether or not an executive termination proceeds smoothly often depends on the degree of communications planning the company undertakes before the CEO is let go. A good public relations strategy can also mitigate the effect of a wrongful dismissal lawsuit or other negative public commentary by the outgoing leader. What follows is a seven-step guide to help make the transition easier on everyone.

1. Plan Ahead – Be Prepared

Before a CEO is fired, the axe-wielder should take time to develop a communications strategy for every stakeholder: employees, including the executive team, key customers, business partners, suppliers and the media. Aligning the information delivered to each audience improves the chances that the transition will run well. A good communications strategy should present a CEO departure as a business process. Poorly planned communications efforts are nothing more than attempts at damage control, usually implemented long after things have become messy.

If the situation is not an urgent crisis, a good strategy to ensure an easy transition is to fire the CEO with plenty of notice before the new head honcho steps in. Giving stakeholders early warning that a transition is to take place over a period of several weeks dispels any impression that the company is a rudderless ship.

2. Know Your Audience

For a publicly traded company, the first priority must be to maintain the confidence of shareholders and the financial community. A private company’s priority, on the other hand, should be its customers and employees.

In every case, however, a major error occurs when other stakeholders are informed before the management team knows that a CEO is on the way out. Although it might be argued that senior employees don't necessarily have a right to know about CEO transitions ahead of time, they do hold considerable power in a tight community like Bay Street or Howe Street. In fact, senior employees do have rights: the right to leave the company; the right to speak less than fondly of the company; and they have a right to not to be unfailingly loyal to the new leadership. The best policy is to keep key leaders informed, albeit on a strictly confidential basis, when a CEO transition is afoot.

3. Communicate Internally

CEOs who replace outgoing chiefs have their work cut out for them and have to persuade other senior executives and staff to buy into their vision of how to lead the company.

In this situation, the big danger occurs when another senior manager becomes better at communicating an alternative vision. This is a recipe for a kind of corporate tribal warfare in which one or other of the protagonists will suffer. Devising a comprehensive internal communications plan that articulates the new CEO’s vision and business plan will significantly increase the chances of buy-in from internal stakeholders. It will also help with early identification of any managers that are unwilling to work within the new regime. Offering those people a way out before they become a problem is obviously preferable to facing internecine strife down the road.

4. Use Clear Language

Communications need to be tailored to the needs of different stakeholders, both internal and external, and focus on protecting corporate reputation. Organizations need to communicate in language that will be understood. Lawyers can counsel clients that stating the company’s legal position with respect to the ousted executive isn’t enough; in fact, legal terms may cause the impression that the company is hiding behind a legal smokescreen.

5. Engage the Media

Business journalists are frequently the primary conduit to your audiences. Being prepared with trained spokespersons, defined key messages and a well-tested media plan will go a long way to ensuring balance, fairness and accuracy in the press. By adhering to principles of openness, honesty and prompt disclosure to the media, the company will be seen as well-poised to move forward after the executive transition.

6. Identify your support

CEOs are high profile executives. The media will seek comment not only from the former executive and the company, but from other sources as well, particularly if the transition was involuntary. Being familiar with knowledgeable partners, industry experts and analysts that can speak about a company’s leadership is important for building credibility through third parties.

7. Keep your Ear to the Ground

Regular monitoring of the media, canvassing employees and seeking feedback from external stakeholders will alert the company to any lingering issues concerning the new CEO. The weeks following a transition will set the tone for the new leader, and the more positive the reception from all audiences, the better that person’s chances for success.

A fired executive can disrupt a company's operations and create significant financial exposure if the transition is allowed to get messy. The most reliable insurance against these risks is a well thought out communications plan. A company that fails to carefully map a communications strategy for the transition will eventually be haunted by that mistake. But at its best, a CEO transition should be seen and treated as a chance for an organization to create a positive impression in the minds of its internal and external publics.


David Weiner, MBA, is a senior partner with NATIONAL Public Relations in Toronto, Canada’s largest corporate communications firm. Aaron E. Boles, LL.B., is a consultant at the firm.



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