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, each week I provide a critique of the action from an employment lawyer’s perspective. Here’s my review of last night’s double-header.
Last Night’s Episodes: “Two Weeks” and “Dream Team”
The Plots: Michael quits and decides to start his own paper company, luring Pam and Ryan to join him.
Michael’s Inspirational Quote of the Week: “This is a dream I have had since lunch. And I am not giving up now.”
My Analysis:
- Issue: How Not to Handle an Employee’s Departure
Description: After he gave his notice, Michael decided to goof off even more than before he quit (which is truly an amazing achievement). He distracted his co-workers, threw things at them when they ignored him, consumed alcohol in the workplace, stole Phyllis’ food out of the company fridge, engaged in insubordination and did absolutely no discernible work. This graphically illustrates the risks inherent in allowing an employee who should have been terminated immediately for gross misconduct to stick around the office.
Risk: $$$$ - Issue: Interference with Contract/Business Relations
Description: In a prior episode, Michael and Dwight conspired to steal clients from a local competitor, Prince Paper. Dunder Mifflin’s CFO was in on the scam and praised their efforts. This week, when Michael called Prince Paper to inquire about a job, he learned that it has gone out of business. If Prince Paper can prove that its downfall was based on client theft by DM, DM could get hit with big damages.
Risk: $$$$$ - Issue: Theft of Company Property
Description: Michael spent most of the episode trying to steal company clients, employees and documents. First, he stole a client list. Then he openly solicited virtually everyone in the office to join his new company. (For some bizarre reason, Pam accepted his offer.) He attempted to steal company forms, etc. and asked Pam to alter them with his new company’s logo. Even after he was finally escorted off the premises, he crawled back in (literally) and tried to steal more documents. DM may be able to seek an injunction against Michael and his new company if he goes after DM’s clients. However, if the company failed to take adequate steps to protect itself against such thefts through appropriate policies, procedures and employment contract language, it could be vulnerable.
Risk: $$$$ - Issue: Age Discrimination
Description: Kelly made an openly “ageist” comment without repercussions. Given all the prior similar comments, the company’s risk of an age discrimination suit (particularly by Creed) continues to rise.
Risk: $$$$ - Issue: False Imprisonment/Assault
Description: After he crawled back in, Michael (sort of) took Phyllis and her chair hostage. False imprisonment/assault claims have been made on less.
Risk: $ - Issue: Workplace Violence
Description: When Michael refused to leave the premises the second time, the new boss threatened to beat him up. While no actual punches were exchanged, Michael could potentially claim emotional distress/attempted assault or use it to paint the company in a bad light in future litigation.
Risk: $$$ - Issue: Arbitrary Job Changes
Description: After Michael and Pam departed, the new boss inexplicably selected Kevin (who arguably has the worst people skills in the office) as the new receptionist and Stanley (who seemingly does nothing other than crosswords) as the new “productivity czar.” Because there is no business justification for the moves, the company could face discrimination charges if other employees complain.
Risk: $$$ - Issue: Bad Interview Protocol
Description: The company decided to bring a candidate for Michael’s job into the office in full view of Michael and the other employees. Michael ended up sitting next to the candidate and talking to him, which probably didn’t leave the candidate with a great impression of the company.
Risk: $ - Issue: Perceived Disability
Description: In the past, multiple employees (including the former head of HR) have made comments suggesting that Kevin is perceived as having a mental disability. Similar inappropriate comments were made about Kevin’s rather pathetic attempt at being receptionist.
Risk: $$$$ - Issue: Theft
Description: Michael misappropriated another company’s property by pasting his new company’s sign over a “for sale” sign in the front yard of his condo and then acted as an accessory to Ryan’s theft of bowling shoes from his former employer.
Risk: $$$ - Issue: Harassment
Description: Making it clear that he plans to continue the hostile work environment he helped foster at Dunder Mifflin, Michael referred to Pam as a “hooker” in his first conversation with her as his new employee. He also wore a bathrobe (possibly with nothing underneath) his first day on the new job and made no attempt to address porn on Ryan’s computer despite Pam’s objections.
Risk: $$$$ - Issue: Condo Rules Violation
Description: Michael’s plan to save money by housing the company’s “office” in his condo had to be scrapped after he received a threatening letter accusing him of violating condo association rules.
Risk: $$ - Issue: Fraud
Description: Michael and his “dream team” of new employees attempted to raise funds by visiting a nursing home and bilking his nana’s investor club. Fortunately, the potential investors weren’t fooled by Michael’s multiple misrepresentations.
Risk: $$ - Issue: Hit and Run
Description: Michael bumped into a car while parking his and then left the scene.
Risk: $$
OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” 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!
