Weekly Office Review: The Surplus
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: ”The Surplus”
The Plot: A budget surplus causes factions to break out in the office over how to spend the money.
Quote of the Week: Michael on why he considered keeping the surplus for himself rather than sharing it with his employees: “I hate disappointing anyone. I really hate disappointing lots of people. But if you go into Burlington Coat Factory with $635 you are literally a king.”
My Analysis:
- Issue: Health and Safety Violations; Whistleblower Protection; Retaliation
Description: HR “Professional” Toby suggested (in front of the entire staff) that the surplus should be spent on air quality testing to help remediate asbestos and radon issues. Michael quickly dismissed Toby’s suggestion and insulted him and his profession. Combined with Michael’s previous anti-Toby activities, Toby could easily file one of the biggest retaliation lawsuits in world history.
Risk: $$$$$ - Issue: Workplace Violence
Description: Pam — leader of the office coalition pushing for the surplus to be spent on new chairs — threatened Jim if he refused to join her side. Dwight continued to look for creative ways to harm Andy, his rival for Angela’s affections. This week, he attempted to lure him to a beehive on his beet farm. When that failed, he had his brother to throw some type of gourd at Andy’s head. Due to management’s failure to address these and prior incidents, the risk in this area grows by the week.
Risk: $$$$ - Issue: Misuse of Company Resources; Fraud
Description: Dwight assisted Andy and Angela with their wedding planning on company time, even taking them to his beet farm (where the ceremony will be held). As in past weeks, management continued to ignore employees who do virtually anything but their jobs during work hours. Various plots to spend the surplus also border on misuse of resources, if not outright fraud. The inclusion of the Accounting Department and the company’s CFO in some of the plots could potentially lead to Enron-esque claims.
Risk: $$$ - Issue: Harassment
Description: As always, employees are allowed to engage in openly inappropriate conduct. Management continues to do nothing to correct the behavior and in fact actively encourages it. A few examples: (1) Andy made a lewd comment about Angela and then kissed her (rather grotesquely) in the workplace; (2) Pam kissed Jim; (3) Creed made a lewd comment about Jim’s anatomy; (4) Pam flirted with Michael while lobbying for him to spend the surplus on new chairs; (5) Michael (twice) did a rather unseemly dance to show off his new $9 pants; and (6) Michael made inappropriate gastroenterological references. At this point, virtually any employee could sue and the company would be defenseless.
Risk: $$$$$ - Issue: Fraud in the Inducement
Description: Dwight staged a “practice” wedding between Andy and Angela, with Andy playing the role of Angela’s father, Dwight playing the part of Andy and a German-speaking pastor doing the nuptials. After Angela says “I do,” Dwight reveals to her that she is now technically married to him under Pennsylvania law. Given that (1) the event occurred on company time, (2) Dwight is Angela’s superior and (3) Angela is visibly upset, Dwight’s actions could potentially result in fraud, emotional distress and other claims against the company.
Risk: $$
If you didn’t get a chance to see the episode, you can view it on NBC’s official web site here.
Join us next week for our lawyerly look at a brand new episode entitled “The Duel.” Here’s NBC’s official description: “When Andy finds out about Dwight and Angela, it’s a fight to the finish when the two men decide to take matters into their own hands.” Should be fun.
