The Office: Weekly Analysis & 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: “Murder.”
The Plot: After learning that Dunder Mifflin may be going bankrupt, Michael tries to distract the employees by playing a murder mystery game.
My Analysis:
- Issue: Workplace Violence
Description: The episode started with Dwight conducting a karate seminar for his co-workers. Besides multiple threats of violence, the seminar ended with Dwight self-inflicting an injury that likely would be covered by workers’ compensation due to the fact that it occurred during a work-sponsored event. Then, Michael forced everyone to play a murder mystery game called Belles, Bourbon and Bullets, which was filled with graphic depictions of violent acts. The episode ended with multiple employees portraying a rather bloody gun battle. If the company ever gets sued, it will have no defense that it took adequate steps to discourage violence.
Risk: $$$$ - Issue: How NOT to Manage a Crisis
Description: After word leaked that Dunder Mifflin could be facing bankruptcy, management completely bungled the communication. The company’s CFO issued a vague statement that only increased bad morale. Michael vomited, cranked sad music in his office and then decided to try to distract everyone from the truth by forcing everyone to play the murder mystery game.
Risk: $$$ - Issue: Unfair Labor Practice
Description: Dwight offered everyone jobs at his beet farm as “human scarecrows,” but told them they wouldn’t be allowed to unionize.
Risk: $$ - Issue: Sexual Harassment
Description: During the game, several employees made inappropriate comments of a sexual nature. Michael assigned himself the role of a “playboy” and then proceeded to “oogle” female employees. Andy spent the entire episode pursuing Erin. Although his conduct appeared to be welcomed by Erin (which shows galactically bad judgment), it could result in a claim later if the relationship eventually sours.
Risk: $$$$ - Issue: Theft of Company Time; Insubordination
Description: Despite Jim’s exhortations for everyone to actually do some work this week, no one did. Also, no one seemed to notice that Creed was several hours late for work (and then no one seemed to notice that he promptly left again).
Risk: $$ - Issue: Client Lawsuits
Description: The company’s web site doesn’t allow clients to distinguish between a zero and the letter “O,” which could lead to order discrepancies, disputes and lawsuits. The company’s decision to stop payments to vendors also could expose it to lawsuits.
Risk: $$$$ - Issue: Emotional Distress Class Action
Description: In the course of the game, multiple employees made fun of southerners, using horrifically bad southern accents. As a former Kentuckian, I suffered severe emotional distress. Please contact me if you’d like to join in a class action against the cast members.
Risk: $$ - Issue: Michael’s Journal
Description: Apparently, Michael’s journal has been placed in a time capsule to be opened at some unknown time. The future should not be exposed to his thoughts on life (plus it undoubtedly contains loads of statements that would make great exhibits in various employment lawsuits). Hopefully, it won’t be opened until all applicable statutes of limitations have run.
Risk: $$ - Issue: Perceived Disability
Description: Kevin’s perceived mental disability claim continues to grow. This week, Michael referred to him as “slow,” adding to similar comments from others in the past.
Risk: $$$$ - Issue: Animals in the Workplace
Description: Michael was allowed to bring hamsters into the office, which probably violated the employee handbook. If the company tries to prevent others from bringing animals in, it could face discrimination claims. Also, while cute, hamsters can bite and are known to carry rabies and other infectious diseases.
Risk: $$ - Issue: Religious Discrimination
Description: Angela may have a religious discrimination claim based on her complaint about being forced to play a voodoo practitioner during the game.
Risk: $$ - Issue: Invasion of Privacy; Breach of Confidentiality
Description: Michael suggested to the CFO’s secretary that she “spy” on the CFO. Not a good idea.
Risk: $$ - Issue: Various Other Inappropriate Comments/Actions
Description: Once again, virtually every employee said or did something inappropriate. At this point, virtually every employee could sue the company for something and win.
Risk: $$$$$$$$$
OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST: Anyone who leaves a comment below 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!
