The Office: Weekly Analysis 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.
Last Night’s Episode: “Cafe Disco.”
The Plot: Michael turns his former office into a disco/espresso bar.
Quote of the Week: “Funk is the problem and the solution” (Michael Scott).
My Analysis:
- Issue: Emotional Distress
Description: Dwight pulled a “prank” on Pam that clearly left her feeling sad. He then laughed maniacally in her face in front of all the other employees. Management did nothing to address the situation.
Risk: $$ - Issue: Discriminatory Lunch Invite
Description: Michael extended a lunch invitation exclusively to female employees. He also knowingly violated the company’s rule prohibiting managers from inviting subordinates to lunch. His “rule be damned” comment encapsulates his view of HR and could come back to haunt the company.
Risk: $$$$ - Issue: Theft of Company Time
Description: Michael spent the entire episode encouraging employees not to work and openly mocking those who chose to do their jobs rather than dance. Jim and Pam planned their elopement and Jim picked flowers on company time. Stanley slept at his desk.
Risk: $$ - Issue: Workplace Safety
Description: Michael installed a potentially dangerous espresso machine on company property and allowed employees to operate it who clearly didn’t know what they were doing. Phyllis injured her back dancing in Michael’s disco. Rather than take her to a hospital, Michael allowed Dwight to give her rather unorthodox “medical” attention, including questionable massage techniques and the use of otter oil. Other employees engaged in potentially injury-inducing dance moves, one of which resulted in Dwight whacking Michael in the head “unintentionally.” Kelli attempted to pierce Andy’s ear on company property using unsterilized equipment in less-than-ideal conditions.
Risk: $$$$ - Issue: Inappropriate Comments/Dance Moves/Lyrics
Description: Michael encouraged employees on the “dance floor” to “love the one you see.” Virtually every employee either made inappropriate comments or danced in inappropriate ways. Several songs played in the disco contained suggestive lyrics.
Risk: $$$$$ - Issue: Copyright Violations
Description: Michael played numerous songs in the workplace without obtaining the appropriate licenses.
Risk: $$$ - Issue: Insubordination
Description: Kevin disobeyed Michael’s repeated instructions to “stay” in the disco rather than return to work.
Risk: $
OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST: Anyone who leaves a comment below or shoots me an e-mail at blawg@manpower.com identifying an employment law issue that I missed 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!
