Search Site   
News Stories at a Glance
Deere 4440 cab tractor racked up $18,000 at farm retirement auction
Indiana legislature passes bills for ag land purchases, broadband grants
Make spring planting safety plans early to avoid injuries
Michigan soybean grower visits Dubai to showcase U.S. products
Scientists are interested in eclipse effects on crops and livestock
U.S. retail meat demand for pork and beef both decreased in 2023
Iowa one of the few states to see farms increase in 2022 Ag Census
Trade, E15, GREET, tax credits the talk at Commodity Classic
Ohioan travels to Malta as part of US Grains Council trade mission
FFA members learn about Australian culture, agriculture during trip
Timing of Dicamba ruling may cause issues for 2024 planting
   
Archive
Search Archive  
   
Accused of wrongdoing? Stand up, speak out, be strong
My last column was about an auctioneer who had contacted me. He was upset about a harsh message he received from a woman who attended his last auction. She accused him of using a shill. He vigorously denied it. The auctioneer wanted advice on how he should respond.

Last week we looked at shills in some detail. Now we’ll answer the auctioneer’s question: How should he answer this woman’s accusation?

Premises.

Whether you’re an auctioneer or not, if you’re ever accused of doing wrong when you didn’t, the course I suggest you take follows. My advice is based on two premises. First, the complaint involves a serious matter. Second, the accused is innocent of wrongdoing.
Snapshot.

If someone ever makes a complaint against you, you want to try and steer the complainant into committing the complaint to writing - such as a letter or e-mail. That can be easier said than done, but it’s important. If you can’t get the complaint in writing, seek as much detail as is available and make careful notes. Repeat the facts back to the complainant to ensure you have a complete understanding of the matter. Then promptly commit what you learned to a detailed, written record.

The reason you want the complaint in writing is so you can address it as a “snapshot.”

What I mean is a fixed picture where the facts are concrete. You don’t want to try and deal with a “motion picture” where the facts and issues are subject to change by the complainant. If the complaint remains fluid, you’ll likely end up responding to a matter that continues to evolve and morph as you respond to it. Do all you reasonably can to nail it down at the outset.

Letter.

Just like you want the complaint to be in writing, you should put your response to the complainant in writing. There are three reasons for this: (a) to document the complaint in a fixed form restating all of the key facts and issues; (b) to give a comprehensive and documented answer; and (c) to create some valuable evidence for future use.

When a significant complaint is made in a business setting, the best form for a reply is often a letter. If you respond by telephone, confirm the substance of your call with a follow-up letter. Here are five tips for your written response.

First, a serious complaint warrants a serious response. Think carefully about what you want to say and outline your points. State everything in clear language.

This is your first and best opportunity to take charge of the matter and set the direction and tone for how it’s going to proceed.
Second, don’t speculate about facts you don’t know. When you state something as a fact and it’s wrong, the error can severely damage your credibility.

Third, use reason and logic in your reply and not emotion.
A good business letter should be a thoughtful response and not an angry missive. You’re never going to cool a matter down or persuade someone to your point of view by using an angry tone and making inappropriate statements.

Fourth, avoid being argumentative, but make the best presentation of your position that you can and try to do it persuasively. This letter is an excellent opportunity to create some important documentary evidence should the complaint move into litigation.

Fifth, address your letter to the complainant, but understand it may ultimately be read by a much broader audience. A smart writer will draft this letter so it can be understood and persuasive not just to the complainant, but to everyone who reads it. You never know where your letter might be circulated, but lawyers and other advisers are likely prospects, as are spouses, children, other relatives, friends, neighbors, colleagues, and co-workers.

Challenge.

So what should our auctioneer put in his letter to the woman who accused him of shilling? Here’s my philosophy.

There are times to be nice. There are times to be diplomatic. There are times to be conciliatory.

There are times to be low key. When someone accuses you of intentional and criminal wrongdoing, and you are innocent, that situation fits none of these times. Instead, a hardball accusation usually requires a hardball response and anything less would fail to respond with the strength that a proper defense would require. By strong I don’t mean angry. You should be professional in every regard.

Over the years, I’ve advised clients to meet charges such as this head-on with a stiff challenge.

This is the sort of challenge I think this auctioneer should include in his reply letter:

“You called my office and left a voice message accusing me of using a shill in my last auction. The use of a shill is fraud and fraud is a serious crime. I emphatically deny your charge and state that I conducted the auction in a legal and ethical manner.

“If a fraud was committed by anyone, it occurred without my knowledge, participation, or consent and I would never allow such conduct.

If you or anyone else genuinely believes that I did anything that amounted to a fraud or other crime while conducting this auction, I request that you immediately send me the full details of the charge in writing, along with all evidence that supports it.

“I will then carefully investigate the allegation and respond to it. I do not take this matter lightly and I will vigorously defend my good reputation against a false charge in every way necessary.”
Conclusion.

By including such a challenge in your reply letter, you make it clear that you take the matter seriously and will address it accordingly. What’s more, you now have a permanent record of your unequivocal denial for your file that you can show to anyone should the need ever arise.

In my experience, the vast majority of these complainants quickly shrink away once the accused serves such a challenge. That yields an important result for someone like this auctioneer - victory of right over accusation of wrong. If you are ever wrongly accused of wrongdoing, stand up, speak out, and be strong - and at all times remain professional.
10/22/2008