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G.M.: Clawback Policies and Executive Accountability

Tuesday, Apr. 8, 2014
Source: Wikipedia
Source: Wikipedia

As details continue to emerge on G.M.’s faulty ignition switches in the Chevrolet Cobalt, linked to 13 deaths, one substantial question is left unanswered: Who decided that the 90 cents it would have taken to fix each switch was too much? Shareholders will inevitably get stuck with the bill for the cost of litigation and fines, but many fear that the executives involved will get a free pass. Returning past pay is an outcome some are pushing for, but it is highly unlikely in this case. G.M.’s compensation policies, particularly for recovery of bonuses, are generally limited to only accounting fraud—not unethical behavior. Similar to the majority of U.S. corporations, these clauses only require returning pay when the misconduct is intentional, and even then, only the highest ranking executives are subject. Advocates are pushing to increase the scope and severity of these "clawback policies" to cover siutations like G.M.'s faulty ignition switch. Are expanding these “clawback policies” a step in the right direction?

  Patrick: If one thing is clear, it’s that we don’t know the full story behind the G.M. faulty ignition switch mishap. Regardless of the particulars, I think expanding the jurisdiction of these clawback policies is a surefire way for Boards to send the message that they are proactively hedging against this type of behavior. At the same time, I think there is a danger of over expanding the policy, as I can see it leading to an increase in scapegoating individuals for behavior that permeates an organization. Then again, that’s part of the job for top executives.

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