Weekly Office Review and Contest
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, I provide a weekly critique of each episode from an employment lawyer’s perspective. Here’s this week’s review . . .
Episode Title: ”Employee Transfer”
The Plot: After corporate discovers that Michael and HR Rep Holly are having an affair, Holly gets transferred.
My Analysis:
- Issue: Sexual Harassment
Description: After the CFO discovered Michael’s relationship with Holly, the company decided to transfer Holly. The fact that the company transferred the subordinate female “victim” rather than the male boss “perpetrator” could add to Holly’s potential damages if she ever decides to sue. Michael made matters worse by continuing his pattern of inappropriate comments and kissing and hugging Holly in front of other employees. Then, after Holly made it clear that she wants to end the relationship, Michael repeatedly and aggressively pressured her not to break up with him. In addition, Ryan made an inappropriate sex-related comment to Kelly.
Risk: $$$$$ - Issue: Workplace Violence
Description: Dwight and Andy continued their battle for Angela’s affections. Dwight escalated the conflict by attempting to incite violence-prone Andy to snap. He mocked Andy’s rather unhealthy affinity for his alma mater, Cornell, by wearing a Cornell sweatshirt, drinking out of a Cornell mug, displaying a Cornell pennant and placing a bobble-headed Cornell mascot on his desk. Andy reciprocated by attempting to incite equally violence-prone Dwight to snap by mocking Dwight’s affinity for beet farming. Management did nothing, partly because both Michael and second-in-command Jim are out of the office on “road trips.”
Risk: $$$ - Issue: Emotional Distress
Description: Michael forced warehouse manager Darryl to accompany him and Holly on the 14-hour round-trip journey to Holly’s new home. The trip is replete with bad singing (no fewer than five sing-alongs to ”Life is a Highway”), crying (by both Holly and Michael) and hard labor (Darryl does all the heavy lifting of Holly’s stuff). No one should have to endure such pain.
Risk: $$ - Issue: Workers’ Compensation/Personal Injury
Description: Because Michael forced Darryl to do all the work associated with Holly’s move on company time, the company could potentially be liable for any injuries sustained by Darryl.
Risk: $$ - Issue: Dress Code Violations
Description: Several employees came to work in arguably inappropriate Halloween costumes. As in past episodes, the company made no attempt to enforce its dress code policy, which could result in (a) discrimination claims if and when it does start to enforce the policy and (b) harassment claims if it doesn’t.
Risk: $$ - Issue: Copyright Violations
Description: Michael made Holly a mix CD without obtaining the proper licenses. Because he gave it to an employee as a gift, the company could conceivably face liability (especially in light of Michael’s previous slew of copyright violations).
Risk: $$
Contest: Anyone who spots an employment law issue that I missed and either (1) leaves a comment below or (2) shoots me an e-mail at blawg@manpower.com will win a valuable prize. If you didn’t get a chance to see the episode, you can view it on NBC’s official web site here.
As always, thanks for your participation!
