In my humble opinion, NBC’s The Office is the world’s #1 employment law training aid.  All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

To help enhance your viewing experience, each week I provide a critique of the action from an employment lawyer’s perspective.  Here’s this week’s review . . .

Episode Title:  ”Frame Toby”

The Plot:  When HR “professional” Toby returns to the office, Michael and Dwight do everything humanly possible to get him fired.

Quote of the Week:  In referring to their various nefarious plots, Michael admits they, “seem awfully mean” but then adds, ”sometimes the end justifies the mean.”

My Analysis:

1. Issue:  Obesity Discrimination
   Description:  As in previous weeks, employees made derogatory comments about Kevin’s weight without rebuke by management.  As discussed previously here, studies show that obesity bias is more prevalent than many other forms of discrimination in the workplace.  At this point, though, only one state (Michigan) and a few municipalities (San Francisco and Washington, D.C.) forbid it.  Because neither Pennsylvania nor Scranton prohibits obesity discrimination, Kevin would have no such claim but could potentially sue for intentional infliction of emotional distress.
   Risk:  $$
2. Issue:  HR Hatred
   Description:  When Michael discovered that Toby was back from exile, he screamed  ”Noooooooooooooooooooo!” several times and then spent the rest of the episode conspiring with Dwight on various ways to terminate Toby.  The company’s CFO was made aware of Michael’s refusal to support Toby but did basically nothing than give Michael a mild tsk-tsking.  It’s incumbent on management to show support for the company’s HR people, policies and practices.  When (as here) management does the opposite, the potential for inappropriate action and big-ticket lawsuits skyrockets.
   Risk:  $$$$$
3. Issue:  Wrongful Discharge/Constructive Discharge/Retaliation/Obstruction of Justice/False Police Report
   Description:  Michael’s and Dwight’s attempts to get Toby fired could result in a hefty wrongful discharge/retaliation case (and possible criminal prosecution).  Michael begs Toby to hit him in front of other employees so he can fire him for “cause.”  He then tries to frame Toby for sexual harassment of Pam.  When that doesn’t work, Michael tries to nail Toby for drug possession.  Michael buys “pot weed” (actually, a salad) from two warehouse workers, plants it in Toby’s desk and then Dwight calls the cops.  Michael and Dwight are lucky they didn’t get arrested for their exploits.  Toby could leave, claim constructive discharge (and multiple other claims) and in about five seconds he’d have a dozen plaintiffs’ attorneys following him around begging to represent him.
   Risk:  $$$$$
4. Issue:  Sexual Harassment
   Description:  As always, employees are allowed to make multiple inappropriate sexual comments without rebuke.  Despite the fact that Ryan and Kelly seemingly do nothing at work other than make out, Toby allows them to remain in neighboring cubes.  Michael’s attempt to get Toby to sexually harass Pam could result in a whopping verdict.
   Risk:  $$$$$
5. Issue:  Prying Eyes
   Description:  Andy admitted he read personal documents on Jim’s computer without permission.  While Andy should be reprimanded for such actions, generally employees don’t have a reasonable expectation of privacy when using company property (particularly personal usage).  In fact, Jim’s personal use of company property probably violated the company’s computer usage policy.  (Note:  Such policies typically are overbroad and under-enforced, which could lead to discrimination claims if employees are inconsistently punished for violations.)
   Risk:  $

As always, anyone who spots an employment law issue I missed will be entitled to a valuable prize.  If you think I missed something, either leave a comment below or shoot me an e-mail at blawg@manpower.com. 

If you didn’t get a chance to see the episode, you can view it on NBC’s official web site here.

Join us in two weeks (The Office is on vacation over Thanksgiving) for our lawyerly look at Episode #9, entitled “The Surplus.”  Here’s NBC’s official description:  “A budget surplus causes factions to break out in the office over how to spend the money.”  Should be fun.

This entry was posted on Friday, November 21st, 2008 at 7:51 am and is filed under Dumb But Fun Posts, Office, The. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.