You've just had an idea that might make a
real difference in your workplace. You spend time
planning out the details, making sure it will
work. At lunch, you mention the idea to several
coworkers to get feedback before taking your brainchild
up the management chain. Three days later, an
all-office e-mail congratulates your coworker
(whom we'll call 'Sneaky') for coming up with
a brilliant and innovative idea. You recognize
it immediately. Smoke begins to come out of your
ears. What should you do next?
Many employment questions have simple answers
dictated by legal constraints, the rules of the
company or institution, or the unwritten but no
less compelling imperatives of common sense and
honesty. (Sneaky clearly is not familiar with
these last two). But an informal poll of workplace
experts reveals that no simple, one-size-fits-all
answer will solve the "stolen idea"
problem.
"The employee will have to weigh several
factors: who stole the idea, what are the consequences
of this action, how difficult will it be to prove
original 'ownership' of the idea," says Deb
Keary, Information Center Director at the Society
of Human Resources Management (SHRM) in Alexandria,
VA. "This is not one of those straightforward
issues where a standard set of advice applies
to all people or all workplace situations."
In fact, what you choose to do next depends
on the circumstances and on your personal workplace
goals and strategies. A series of questions can
help you puzzle out the next step that will serve
you best in the long run.
Is There A Bottom Line?
In many workplace settings, a good idea can
translate directly into cold cash. Such awards
can range from set amounts of a few hundred dollars
to an actual percentage of the money your idea
saves the company. Some companies give year-end
bonuses as part of employee recognition programs.
If you work for the U.S. government, for instance,
innovative ideas that are implemented into practice
can earn cash awards, grade-level increases, vacation
time, or other incentives with tangible worth.
If your company is large, these incentives will
be outlined clearly in employee handbooks or other
distributed material. If your company is small,
such rewards may be given on an ad hoc or informal
basis. You should be able to find out from supervisors
or coworkers whether employees are rewarded for
suggestions.
Let's say you find out that your idea has made
Sneaky eligible for a $2500 bonus at year's end.
That's a significant incentive for Sneaky (who
may take this as additional encouragement to filch
other ideas) and a powerful reason why you may
want to think about strategies to regain credit
for your idea. Money, however, is not the only
incentive you need to consider.
When the stakes are high
In scientific settings, innovative ideas may
have significant and far-reaching worth. If your
work-related idea is a scientific discovery--perhaps
a new way to produce pharmaceuticals or a technique
for instant film developing--then your company
will have clearly defined ownership rights over
both your idea and subsequent profits. You may
be eligible to appear as an inventor on the patent
and to collect a portion of revenues. Rules for
ownership of such innovations should be set out
in your employee handbook and in the agreements
you sign when you begin work. Careful scientific
records should prevent situations in which someone
else within your company claims your idea as his
or her own. Should such a situation arise, you
may want to seek outside counsel who can advise
you of your rights and prepare you to present
your case to the company and, if necessary, to
the courts.
How Much Is This Really Costing You?
If your idea is really good and leads to productive
changes, then Sneaky may be getting more than
a check. Credit for the idea may count toward
promotion, better assignments, and that intangible
but oh-so-valuable commodity, respect. Sneaky
may be on the rise in the workplace hierarchy
and owe it all to you.
Now think about what toll this may take emotionally.
If your idea is about leave sharing for workers
who are ill or a better office mail delivery system,
for instance, you may get to hear your colleagues
thank Sneaky several times a day. Your idea may
be so successful that it gives rise to additional
innovations, for all of which Sneaky will get
credit. If you thought you were angry to begin
with, just wait until you live with it for a few
weeks or months.
On The Other Hand, Is This A Battle You Want?
Money, advancement, respect--these all seem like
excellent reasons to go to the metaphorical mat
with Sneaky. What you need to do now is sit back
and take a deep breath and assess your own situation.
Was your idea truly unique? Is it within the realm
of possibility that someone else might have thought
this up independently? Is it possible that the
way this idea was presented and implemented might
actually cause it to fail and backfire on the
person who suggested it?
Can Claiming The Idea As Your Own Actually
Cost You?
Sometimes getting credit actually costs you more
than it's worth. If no tangible awards are associated
with the idea, you may actually want to consider
sitting tight--at least for the time being. If
the idea was a minor workplace improvement, some
supervisors might perceive your efforts to get
credit as whining or inappropriate. Even if you
have pretty good proof that the idea was yours,
you may want to keep this proof in a back pocket
and consider whether there may be a more strategic
time to use it. Look on the bright side: Sneaky,
having profited at least once by dishonesty, is
almost certain to do it again and, ultimately,
to get caught. You may be holding the proverbial
coffin nail when that happens. In the meantime,
work on new ideas--and don't discuss them with
others before presenting them to supervisors.
If you've decided to protest the theft of
your idea, then a few specific strategies can
help you do this effectively and in a way that
earns you respect without boxing either you or
management into untenable positions. Several key
bits of advice can guide your actions.
Take It Up The Chain.
Deb Keary reports that the SHRM always suggests
the most informal approach possible as the first
step toward resolving workplace disputes. "In
this situation, we would advise the person to
talk to their supervisor," she says, "Unless,
of course, the supervisor was the person who took
credit for the idea." In that case, the next
person up the chain would be a first contact.
What about your initial impulse to confront Sneaky
directly? A bad idea, say most conflict resolution
experts. By taking credit first, Sneaky already
has an investment in ownership of the idea. If
you make it known that you intend to claim the
idea as your own, Sneaky may react by spreading
lies about you or, worse, may actually provoke
a physical confrontation.
Take The Jack Webb Approach.
Just the facts, ma'am (or sir). If you don't
have a poker face, spend a few minutes practicing
before you meet with the management person with
whom you've chosen to discuss the idea theft.
This is no time to show anger, resentment, or
tears. Plan what you will say and how you will
say it, being careful to present only the facts--no
character assessments, conjecture on how or why
the idea theft may have occurred, or suggestions
about what ought to happen to the person who stole
the idea.
Be Prepared.
It's not overly dramatic to prepare for this
as you would for a court appearance. Bring the
names of witnesses who can supply reliable support
for your contention that the idea was yours first.
Bring any tangible proof--perhaps a computer file
with your notes about the idea, marked with the
original file generation date in the "Properties"
window. Practice a solid closing argument. After
you've stated your case persuasively, tell the
manager succinctly and calmly what kind of response
you want. This could be as simple as "Please
get back to me as soon as possible," or as
formal as a written request for formal resolution
and notification. Don't expect or demand a decision
on the situation at your meeting. You may ask
for a timeframe within which you will hear back
from the manager. Shake hands when you leave and
express confidence in his or her ability to handle
this problem with fairness and discretion.
Be Patient.
The issue may be so clear-cut that your manager
decides on the spot that you deserve credit. It's
more likely that he or she will have to investigate.
With the increasing frequency of workplace-related
lawsuits, the company's legal staff may want to
advise management on how to proceed. This may
take time.
If several weeks pass, however, and the matter
has not been resolved and it's clear that your
supervisor does not want to talk with you about
it, you may want to consider another strategy.
Many organizations have conflict resolution officers
or ombudspersons who are trained to handle problems
such as yours. Again, your approach should be
strictly matter-of-fact.
WinOr LoseGraciously.
Whether you are ultimately commended for your
idea or have to watch Sneaky continue to bask
in the glow of false credit, you'll need to decide
how to react in the workplace. Nobody likes a
sore loser, and gloating winners are none too
popular, either. Continue to treat Sneaky in a
collegial (if distant) manner. Talk about this
situation as little as possible with your other
colleagues--remember, that's what got you into
this difficulty in the first place. Your discretion
in this matter will earn you points with management
and respect from colleagues.
And The Moral Is
?
Every workplace experience, good or bad, can
be turned to your advantage if you take the time
to think carefully about what you've learned from
it. One way to do this is to make a list of what
you did well and what you might have handled differently.
Think about the possible results if you had taken
a different approach. And don't forget the most
important thing: even if someone else claimed
credit, you are the person who had the
good idea. Don't let one bad experience keep you
from coming up with more.
Nan Knight is a freelance
science writer and editor whose credits include
Smithsonian exhibits, Discovery Channel Web sites,
and a wide range of publications on radiation
in medicine.
Related Reading: The
Bad Guy's (And Gal's) Guide to Office Politics