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: St. Patrick’s Day.

The Plot: Here’s NBC’s official description: “Michael struggles to impress his new boss.”

My Analysis:

1. Issue: Viagra Stopped Being Funny in 2003
   Description: Michael opened the episode with an inappropriate (and lame) Viagra joke.
   Risk: $
2. Issue: National Origin Discrimination
   Description: Several employees made inappropriate comments about those with Irish heritage. Michael called St. Patrick’s Day, “the closest the Irish will ever get to Christmas.”
   Risk: $$
3. Issue: Mega-desk Addiction
   Description: Dwight openly struggled with withdrawal from the “mega-desk” he created by pushing his and Jim’s desks together while Jim was on paternity leave. Knowing Dwight, it won’t be long ’til he files some sort of complaint.
   Risk: $$
4. Issue: Damage to Property
   Description: Jim (twice) knocked Dwight’s personal effects off the mega-desk and onto the ground.
   Issue: $$ 
5. Issue: Pets in the Workplace
   Description: Sabre’s CEO probably violated company policy (and maybe even workplace safety regulations) by bringing her two monstrous dogs into the workplace.
   Risk: $$
6. Issue: Emotional Distress from Actually Working
   Description: The employees seemed to be in shock from having to do some actual work because the new CEO was in town.
   Risk: $$
7. Issue: Sexual Harassment
   Description: Andy continued his rather pathetic pursuit of Erin, showing up at her house even though she went home sick from work. Andy exacerbated the situation by wearing a way-too-short kilt (which he admitted was actually his sister’s old field hockey uniform).
   Risk: $$$
8. Issue: Workplace Violence
   Description: Like every week, Dwight appeared to be on the verge of a major eruption. He compared himself to a volcano, saying he was “about to erupt with the molten lava of strategy.” I have no idea what that means.
   Risk: $$
9. Issue: Sick Employees
   Description: The company apparently has failed to adopt any of the government’s recommendations circulated in the midst of the H1N1 scare. Erin spent most of the episode sneezing all over the premises and no one did anything ’til approximately the 267th sneeze.
   Risk: $$
10. Issue: “Reverse” Discrimination
    Description: Actually, there’s no such thing as “reverse discrimination.” Discrimination is discrimination. Sabre’s creation of a training program available only to “people of color” could face challenges from non-minority employees.
    Risk: $$$
11. Issue: Promotion
    Description: The new CEO promoted Daryl on the spot, based solely on a cartoon he drew  to illustrate potential cost savings in the warehouse. Promoting someone without following an established process could expose the company to potenial discrimination complaints by those who didn’t get promoted. In addition, Michael made rather insensitive comments to Daryl — suggesting that his promotion was because of blackmail or some other nefarious plot unrelated to his skills and experience — could lead to a complaint.
    Risk: $$
12. Issue: Torturing the New Dad
    Description: Dwight spent most of the episode trying to convince Jim to return home to care for his newborn so that Dwight could claim the mega-desk again. Dwight went so far as to sing Jim the Cats in the Cradle song to try to make him feel guilty. It actually worked (a first for anything Dwight was ever attempted).
    Risk: $$
13. Issue: Misrepresentation
    Description: Jim got permission to leave early after lying to the new CEO about a client meeting.
    Risk: $
14. Issue: Overtime
    Description: Several non-exempt employees were required to work overtime. Hopefully, the company will pay ‘em appropriately. Wage and hour suits can be both painful and expensive.
    Risk: $$$
15. Issue: Drunk Employees
    Description: Michael offered to buy all the employees a drink at the bar in honor of St. Patrick’s Day. Even though they turned him down, several employees were visibly intoxicated. Michael, Packer and Meredith formed a highly inappropriate conga line.
    Risk: $$
16. Issue: Various Other Inappropriate Comments and Actions
    Description: Once again, virtually every employee said or did something inappropriate. As always, Michael led the pack, making comments about Oscar’s sexual preference and other things too disgusting to print here. Packer averages more vulgarities per second than any other character on TV.
    Risk: $$$$$$$

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!

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: St. Patrick’s Day.

The Plot: Here’s NBC’s official description: “Michael struggles to impress his new boss.”

My Analysis:

1. Issue: Viagra Stopped Being Funny in 1998
   Description: Michael opened the episode with an inappropriate (and lame) Viagra joke.
   Risk: $
2. Issue: National Origin Discrimination
   Description: Several employees made inappropriate comments about those with Irish heritage. Michael called St. Patrick’s Day, “the closest the Irish will ever get to Christmas.”
   Risk: $$
3. Issue: Mega-desk Addiction
   Description: Dwight openly struggled with withdrawal from the “mega-desk” he created by pushing his and Jim’s desks together while Jim was on paternity leave. Risk: $$
4. Issue: Damage to Property
   Description: Jim (twice) knocked Dwight’s personal effects off the mega-desk and onto the ground.
   Issue: $$ 
5. Issue: Pets in the Workplace
   Description: Sabre’s CEO probably violated company policy (and maybe even workplace safety laws) by bringing her two monstrous dogs into the workplace.
   Risk: $$
6. Issue: Emotional Distress from Actually Working
   Description: The employees seemed to be in shock from having to do some actual work, since the new CEO was in their midst.
   Risk: $$
7. Issue: Sexual Harassment
   Description: Andy continued his pursuit of Erin, showing up at her house even though she went home sick from work. Andy exacerbated the situation by wearing a way-too-short kilt (which he admitted was actually his sister’s old field hockey uniform).
   Risk: $$$
8. Issue: Workplace Violence
   Description: While acting as Cupid, Michael pretended to “shoot” arrows and other projectiles at his employees and then followed up by mimicking death and bloodshed. Dwight continued his pattern of bringing lots of dangerous weapons — including a sword and axe — onto the work premises in his car.
   Risk: $$
9. Issue: Invasion of Privacy
   Description: Andy spied on several employees by hiding behind various office plants.
   Risk: $$
10. Issue: Criminally Bad Dancing. Poetry and Recitation
    Description: Andy performed a truly awful version of the YouTube-famous “Evolution of Dance.” Ryan read a painfully bad poem out loud to his co-workers. Erin recited (badly) all the past Kentucky Derby winners. The cumulative effect of witnessing all of these actions could easily result in emotional distress claims.
    Risk: $$$
11. Issue: Illegal Parking
    Description: Michael ignored a “no parking” sign at the hospital, parking in a spot reserved for ambulances. He then compounded the problem by shouting out the name of his employer, throwing the keys into the woods and then running away.
    Risk: $$
12. Issue: Impersonating an Officer
    Description: After affixing a siren to the top of his Trans-Am and then leading a high-speed motorcade from the office to the hospital, Dwight was pulled over for impersonating an officer.
    Risk: $$
13. Issue: Damage to Property
    Description: Dwight and his friends destroyed Pam’s and Jim’s kitchen (among other things).
    Risk: $$$
14. Issue: Smoking
    Description: Michael violated hospital policy by smoking a cigar on the premises and then violated company policy by smoking in his office.
    Risk: $$
15. Issue: Defamation
    Description: Michael lied about Kevin, telling Erin that he had an “elephant heart” due to a childhood medical emergency.
    Risk: $
16. Issue: Various Other Inappropriate Comments/Noises/Actions
    Description: Once again, virtually every employee said or did something inappropriate. Michael made a comment about bestiality.
    Risk: $$$$$$$$$

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!

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: Manager and Salesman.

The Plot: Here’s NBC’s official description: “The office prepares for a visit from the Sabre CEO” (the very scary Kathy Bates).

My Analysis:

1. Issue: How NOT to Select a Manager
   Description: It didn’t take long for the new CEO to determine that having co-managers of an office (especially when the co-managers are Michael and Jim) is not a great idea. However, rather than using job-related business reasons to decide who should be manager, she let Michael and Jim decide. The fact that the ultimate “winner” was Michael — a man who has violated every conceivable employment law at least once in his career — could expose the company to serious liability in future lawsuits.
   Risk: $$$$$$$
2. Issue: Pets in the Workplace
   Description: The new CEO brought her two horse-sized attack dogs into the office. They immediately started harassing, intimidating and annoying the employees (particularly Andy). The CEO’s actions exposed the company to liability for any injuries caused by the dogs and opened the door for other employees to bring their pets into the workplace. How long will it be before Angela brings in her cats and/or Dwight brings in farm animals?
   Risk: $$$
3. Issue: Inappropriate CEO Comments
   Description: The CEO’s very first comments to the employees focused on their appearance. If the company takes any adverse employment actions, employees may claim that the decisions were rooted in legally impermissible factors such as age, race, gender, etc. The CEO continued to make inappropriate comments throughout her visit. Plaintiffs’ attorneys love it when senior executives say unlawful things out loud.
   Risk: $$$$
4. Issue: Insubordination
   Description: Dwight committed insubordinate act #594 by my unofficial count when he refused to stand up to acknowledge the new CEO. The fact that the CEO praised his lack of respect could encourage future acts of insubordination.
   Risk: $
5. Issue: Valentine’s Day Harassment
   Description: Andy gave all the employees Valentine’s Day cards. In doing so, he (1) gave Meredith a paper cut when he threw her card to her, (2) communicated unintended and arguably inappropriate messages to a variety of people, (3) led Kelly to think that he was coming on to her, (4) sent a completely ineffectual e-mail retraction and (5) continued the most pathetic flirting in American history with the real target of his affections, Erin.
   Risk: $$$
6. Issue: Diabolical Plot
   Description: When Jim was temporarily the manager, Dwight and Ryan continued their nefarious conspiracy against him, threatening “psychological torment,” various acts of physical violence and defaming his character. Among other things, they attempted to convince the office’s new IT person to give them Jim’s password under false pretenses. The fact that the company continues to employ the obviously dangerous Dwight and ex-con Ryan exposes the company to serious risk if they ever follow through on their lame-o schemes.
   Risk: $$$$$
7. Issue: Noxious Odor
   Description: Employees were exposed to potentially toxic fumes in the workplace but management did nothing to stop it.
   Risk: $$
8. Issue: Electrical Appliances
   Description: While I wasn’t asked to review the new Sabre employee handbook, it undoubtedly bans several of the items Michael has hidden under his desk (space heater, humidifier, dehumidifier, fan, foot fan, food dehydrator and musical keyboard). It probably won’t be long before other employees follow suit and bring in their own comfort devices, thereby creating potential safety hazards and driving up energy costs.
   Risk: $$$
9. Issue: Lack of Training
   Description: The CEO informed the employees that they would now be selling printers when their core competency (incompetency?) is selling paper. The employees were given no training on the new product, which could potentially lead to lawsuits if they misrepresent product features, etc.
   Risk: $$
10. Issue: Damage to Employee Property
    Description: By the end of the episode, things were back to “normal” with Jim in his old sales job and sitting next to Dwight. Jim picked up where he left off, promptly harassing Dwight by dipping his tie into his coffee mug. The episode ended with Dwight running into Michael’s office to file a complaint, just like the old days.
    Risk: $
11. Issue: Various Other Inappropriate Comments/Actions
    Description: Once again, virtually every employee said or did something inappropriate. The main culprits this week were the new CEO (as discussed above), Michael (various comments about body parts and sexual orientation), Meredith (basically, everything she said) and Jim (comment about being in management “for the women”). 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!

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: “Sabre.”

The Plot: Here’s NBC’s official description: “The employees adjust to the news that Dunder Mifflin has been bought out by a new company.”

My Analysis:

1. Issue: Unauthorized Opening of Mail
   Description: Michael and others arguably violated federal law by opening a package that wasn’t addressed to them. Their efforts to cover up their deed by trying to reconstruct the package weren’t exactly successful.
   Risk: $
2. Issue: Unauthorized Use of Company Property
   Description: Among the items in the mistakenly opened package was a scanner. Michael and Dwight took turns scanning various toys from Michael’s desk, misusing company property and wasting company time.
   Risk: $
3. Issue: Dangerous Workplace Practices
   Description: Erin threw a pair of scissors at Michael. Also, Dwight placed a platter of “Scranton’s finest hot dogs” on the ground which could lead to germ infestation and thus employee sickness.
   Risk: $$
4. Issue: Best Branch??
   Description: According to whatever metrics Dunder Mifflin had in place prior to the merger, the Scranton branch had the best performance in the entire company. Whatever measurements were used should immediately be dumped.
   Risk: $$$
5. Issue: Emotional Distress
   Description: Andy and Erin wrote and sang a dreadful welcome song to the new management. Unfortunately — due to everyone in the office mispronouncing the name of the new company — none of it rhymed. Several employees were shown wincing in pain during the performance. In addition, Jim caused Pam obvious pain with a lame joke about their baby joining the “infantry.”
   Risk: $$
6. Issue: Christian Slater Lies
   Description: Sabre distributed a “welcome” video featuring Christian Slater. Mr. Slater made several misrepresentations (and nonsensical statements) during the video, including comparing working for Sabre to “eating a rainbow” (whatever that means). A company that is in the process of acquiring another organization must be exceedingly careful not to make statements that could be construed as promises/representations to new employees.
   Risk: $$$
7. Issue: Breach of Contract/Change Mismanagement
   Description: Sabre may also be exposed to contract liability by changing terms and conditions of employment without conducting adequate due diligence (e.g., reviewing employment agreements, benefit plans, etc.). A company representative did visit the branch to engage in limited due diligence two weeks earlier, but his efforts were laughable (literally). Basically, Sabre’s actions throughout the episode were a great example of how NOT to do change management.
   Risk: $$$
8. Issue: Insubordination
   Description: Michael exhibited a rather high degree of insubordinate conduct throughout the transition. Sabre should send a message by taking official disciplinary action (rather than merely issuing the vague/strange threats from Sabre’s rather scary CEO).
   Risk: $$
9. Issue: Sexual Harassment
   Description: As in prior weeks, Andy and Erin engaged in open (and quite pathetic) flirtatious/stalking conduct. It’s reasonably foreseeable that at some point one of them will cross the line and file a complaint against the other.
   Risk: $$
10. Issue: Damage to Property
    Description: One of Michael’s insubordinate acts was to toss his new Sabre water bottle out of his car window, breaking the windshield of another vehicle in the company parking lot.
    Risk: $
11. Issue: Computer Filters
    Description: While the employees were gathered in a conference room, a Sabre IT person installed Internet filters on their computers, blocking access to all social networking sites. While companies should take reasonable steps to protect their IT assets, blocking access to Facebook, Twitter, etc. is probably overkill (and could result in alienating/losing the bulk of the company’s most technologically savvy employees).
    Risk: $$
12. Issue: Breach of Confidentiality/Defamation
    Description: Michael revealed a number of arguably confidential pieces of information about Sabre and the merger to former Dunder Mifflin CFO David Wallace. Telling anything remotely confidential to Michael is never a good idea.
    Risk: $$$
13. Issue: Aluminum Poisoning
    Description: Based on the employees’ reactions after drinking out of the new Sabre water bottles, it appeared they all could soon be suffering from aluminum sickness. If the company failed to take appropriate steps to ensure the safety of the bottles prior to distribution, it could find itself in the midst of a class action.
    Risk: $$$$
14. Issue: Various Other Inappropriate Comments/Actions
    Description: Once again, virtually every employee said or did something inappropriate. At this point, virtually every employee could sue the company for something and win.
    Risk: $$$$$$$$$

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!

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: “Shareholder Meeting.”

The Plot: Here’s NBC’s official description: “Michael brings Andy, Oscar and Dwight to New York to join him at the Dunder Mifflin shareholder meeting.”

My Analysis:

1. Issue: Workplace Violence
   Description: Another week, another workplace violence incident involving Dwight. This time, Dwight dressed up as “Recyclops” in honor of Green Week. His costume included a sign that said “KILL,” as well as a sword and potentially dangerous hockey stick. After babbling some nonsense about taking over the planet, he went on a rampage and damaged lots of company property. The fact that (1) Dwight dons the costume every year and (2) nothing has been done to stop him could expose the company to serious liability if ever hurts any humans. My advice: fire Dwight now.
   Risk: $$$$$
2. Issue: Shareholder Class Action
   Description: Facing bankruptcy, the company exponentially increased its potential legal liability, PR difficulties and damage to employee morale by (1) allowing Michael to address an angry shareholder meeting, (2) sending a limo to pick him up, (3) holding the meeting in a swanky hotel, (4) allowing execs to graze on fancy food in an expensive hospitality suite and (5) making multiple false and misleading public statements, among other things.
   Risk: $$$$$
3. Issue: Theft of Company Time; Insubordination
   Description: Despite Jim’s continued exhortations for employees to actually do some work, almost no one did. He finally dealt with the ever-insubordinate-and-video-game-playing Ryan by banishing him to a broom closet. Oscar was allowed to engage in arguably insubordinate conduct (e.g., saying that the company’s initials – DMI — stand for “Dummies, Morons and Idiots” running the company). Michael also engaged in insubordinate conduct by disobeying orders not to take the limo back to Scranton.
   Risk: $$$
4. Issue: Workplace Drunkenness
   Description: Phyllis took a two-hour lunch, drank heavily and returned to work tipsy. When Jim confronted her, she (slurringly) told him that Michael has let her engage in that conduct for years. The fact that neither Michael nor Jim has done anything to address her behavior could expose the company to liability if she hurts herself or others. The fact that Michael boozed it up with other subordinates during the limo ride doesn’t help matters.
   Risk: $$$
5. Issue: Various Other Inappropriate Comments/Actions
   Description: Once again, virtually every employee said or did something inappropriate. The main culprits this week were Meredith (comment about bowel movements), Michael (comment about body parts and Oscar’s national origin), Dwight (comment about body parts and Oscar’s sexual orientation) and Andy (comment about sex). At this point, virtually every employee could sue the company for something and win.
   Risk: $$$$$$$$$

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!

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: “The Banker.”

The Plot: An investment banker visits the office to assess potential lawsuit risks in the event that Dunder Mifflin is sold.

My Analysis:

1. Issue: Severe Emotional Distress Class Action
   Description: This episode was basically a “greatest hits” collection of clips from past episodes depicting violations of virtually every employment law under the sun. As an employment lawyer, the cumulative effect of seeing egregious violation after egregious violation caused me severe gastrointestinal discomfort to the extent that I am contemplating filing a class action lawsuit against NBC. If you feel you have suffered similar emotional distress, please contact me immediately.
   Risk: $$$$$$$$$$$$$
2. Issue: Fraud/Misrepresentation
   Description: Several characters (most notably Michael, Dwight and Toby) misrepresented potentially material facts to the banker. If DM gets sold, those misrepresentations could generate a hefty lawsuit from the buyer.
   Risk: $$$$$
3. Issue: Michael and Machinery
   Description: Michael drove a Segway around the office in a misguided attempt to impress the banker. While the lawyer in me was happy to see him wearing a helmet, allowing Michael to operate any form of machinery has been disastrous (and injurious to others) on several past occasions.
   Risk: $$
4. Issue: Workplace Safety
   Description: Toby denied knowledge of any potential workplace safety issues. Video evidence depicting Michael crashing a forklift and hitting Meredith with his car, as well as various other employees dropping watermelons from the roof, intentionally starting fires and diving into dumpsters (among other things) graphically demonstrated that Toby was being less than truthful.
   Risk: $$$$$
5. Issue: Workplace Violence
   Description: Toby also blatantly lied about the plethora of workplace violence incidents, as depicted by the clips showing employees repeatedly punching, slapping, touching, shoving, etc. one another.
   Risk: $$$$
6. Issue: Harassment
   Description: Toby’s biggest lie was denying knowledge of any harassment. As the clips showed, employees have engaged in public nudity, hugging, kissing and have made a multitude of inappropriate comments.
   Risk: $$$$$$$

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!

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:

1. 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: $$$$
2. Issue: How NOT to Manage a Crisis
   Description: After word leaked that Dunder Mifflin could be facing bankruptcy, management completely bungled the communication. The company’s CFO issued a vague statement that only increased bad morale. Michael vomited, cranked sad music in his office and then decided to try to distract everyone from the truth by forcing everyone to play the murder mystery game.
   Risk: $$$
3. 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: $$
4. Issue: Sexual Harassment
   Description: During the game, several employees made inappropriate comments of a sexual nature. Michael assigned himself the role of a “playboy” and then proceeded to “oogle” female employees. Andy spent the entire episode pursuing Erin. Although his conduct appeared to be welcomed by Erin (which shows galactically bad judgment), it could result in a claim later if the relationship eventually sours.
   Risk: $$$$
5. Issue: Theft of Company Time; Insubordination
   Description: Despite Jim’s exhortations for everyone to actually do some work this week, no one did. Also, no one seemed to notice that Creed was several hours late for work (and then no one seemed to notice that he promptly left again).
   Risk: $$
6. 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: $$$$
7. Issue: Emotional Distress Class Action
   Description: In the course of the game, multiple employees made fun of southerners, using horrifically bad southern accents. As a former Kentuckian, I suffered severe emotional distress. Please contact me if you’d like to join in a class action against the cast members.
   Risk: $$
8. 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: $$
9. Issue: Perceived Disability
   Description: Kevin’s perceived mental disability claim continues to grow. This week, Michael referred to him as “slow,” adding to similar comments from others in the past.
   Risk: $$$$
10. Issue: Animals in the Workplace
    Description: Michael was allowed to bring hamsters into the office, which probably violated the employee handbook. If the company tries to prevent others from bringing animals in, it could face discrimination claims. Also, while cute, hamsters can bite and are known to carry rabies and other infectious diseases.
    Risk: $$
11. 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: $$
12. Issue: Invasion of Privacy; Breach of Confidentiality
    Description: Michael suggested to the CFO’s secretary that she “spy” on the CFO. Not a good idea.
    Risk: $$
13. 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!

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: “Secret Santa.”

The Plot: Here’s NBC’s official description: “Secret Santa.” Here’s NBC’s official description: “Michael is outraged when Jim allows Phyllis to plan Santa at this year’s office holiday party.”

My Analysis:

1. Issue: Religious Discrimination
   Description: Michael seemingly spent the entire episode trying to rack up as many religious discrimination lawsuits as humanly possible. Virtually anyone of any faith could file a lawsuit and win. The fact that he was given a microphone and speaker at one point only magnified the problem. Michael should never ever be amplified.
   Risk: $$$$
2. Issue: Harassment
   Description: Virtually everyone engaged in harassment-ish behavior this week. Santa Phyllis hugged Jim and had several male employees sit on her lap. Santa Michael asked various female employees (and Kevin) to sit on his lap, making lots of inappropriate comments along the way. Ryan (uncomfortably) hugged Toby.
   Risk: $$$$$
3. Issue: Gender Discrimination
   Description: Michael made disparaging comments about Phyllis — a female — being allowed to play Santa, referring to her as “Tranny Claus.” That coupled with his previous other approximately 73 billion ill-advised comments about women could easily form the basis of a class action lawsuit.
   Risk: $$$$
4. Issue: Worker’s Compensation
   Description: Several arguably workplace-related injuries occurred. Dwight’s shouting related to the holiday party announcement may have caused Jim inner-ear damage. Michael appeared to sustain some sort of injury when Kevin sat on his lap. Andy gave Erin several wild birds as part of his “Twelve Days of Christmas” Secret Santa gift, resulting in facial lacerations when they attacked her. Also, employees may have ingested dangerous bacteria as a result of Michael plunging his Santa hat into the punch bowl.
   Risk: $$$
5. Issue: Evil Creed
   Description: The fact that the company still employs Creed, an employee who rarely comes to work and when he’s there does little more than steal office supplies and/or talk about drugs and sex, is nothing short of astonishing. This week, Creed admitted that he is pure “evil.” That pretty much sums up Creed’s existence. HR “professional” Toby should document that admission and add it to Creed’s personnel file.
   Risk: $$
6. Issue: HR Defamation
   Description: Michael referred to Toby as “the Antichrist.” Allowing managers to disdain HR is a great way to increase potential legal liability.
   Risk: $$$
7. Issue: Workplace Violence
   Description: Dwight’s workplace violence incidents have now topped the 1,000 mark. This week, he viciously stomped a Christmas tree and attempted to turn a Secret Santa nutcracker gift into a gun. If the company doesn’t take action against Dwight soon, it could face a big-$$$ lawsuit if he ever turns his violent propensities toward humans rather than inanimate objects.
   Risk: $$$$$
8. Issue: Sexual Orientation
   Description: Daryl and Pam made comments about Oscar’s and Matt’s sexual orientation. Oscar previously claimed sexual orientation discrimination by the company. Each week, he gets a little more ammunition for his next claim.
   Risk: $$$
9. Issue: Breach of Contract
   Description: Phyllis appeared to be contemplating a breach of contract claim against the company for reneging on its promise that she would have the exclusive right to portray Santa. Michael also complained, calling the company’s CFO and saying that Phyllis was “uslurping” his traditional Santa role.
   Risk: $
10. Issue: Unauthorized Taping
    Description: Apparently, the company’s CFO taped multiple conversations with Michael and had others listen in on the calls. Such actions are illegal in some states.
    Risk: $$
11. Issue: Breach of Confidentiality
    Description: The company’s CFO (and then Michael) undoubtedly violated a non-disclosure agreement when they revealed to employees that the company is about to be sold. If those revelations hit the public or in any way negatively affect the sale, the company could be in big trouble.
    Risk: $$$$$
12. Issue: Misrepresentation/Emotional Distress
    Description: Michael got the company’s CFO on the phone under false pretenses, posing as the CFO’s wife and fabricating a medical emergency.
    Risk: $
13. Issue: Theft of Company Time
    Description: For approximately the 88th consecutive week, no one in the office did any discernible work of any kind.
    Risk: $$
14. Issue: Various Other Inappropriate Comments/Actions
    Description: Once again, virtually every employee said or did something inappropriate. In just one example, Michael gathered all the employees in a circle and then proceeded to make an inappropriate comment about each and every person’s protected class status. 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!

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: “Scott’s Tots.”

The Plot: Here’s NBC’s official description: “”Michael must face the music after he realizes he can’t keep a promise he made to a group of kids ten years ago.”

My Analysis:

1. Issue: Criminally Bad Impersonations/Identity Theft
   Description: There were lots of bad impersonations this week. Michael did a bad Elvis impersonation. Andy did a bad baby impersonation. On a more serious note, Dwight impersonated Kevin, Stanley and Toby in attempting to get Jim fired (see below).
   Risk: $$
2. Issue: Breach of Contract
   Description: Ten years ago, Michael promised several youngsters that he would pay their college tuition if they graduated from high school. Now that it’s almost time to pay up, he’s reneging. He could be facing a $1+ million breach of contract/negligent misrepresentation suit. The company could potentially get ensnared as well if the plaintiffs claim that Michael was acting within the scope of his employment when he made the promise. Michael’s likely defense — that the kids stayed in school and thereby benefited from his ill-advised promise — probably won’t carry the day. Also, his attempt to mitigate damages by giving the kids laptop batteries is unlikely to sway any judge or jury.
   Risk: $$$$$
3. Issue: Theft of Company Time
   Description: For approximately the 87th consecutive week, no one in the office did any discernible work of any kind. Erin was forced to accompany Michael at a non-work event on company time. Everyone else spent most of their time fighting over who should be employee of the month.
   Risk: $$$
4. Issue: Perceived Disability
   Description: Coupled with statements made in previous weeks, Andy’s observation that some of his co-workers were suffering from a “critical case of the Mondays” could potentially result in perceived disability claims by various employees.
   Risk: $$
5. Issue: Nepotism
   Description: Jim’s recognition of Pam (his wife) as “employee of the month” fueled the fire of nepotism claims by other employees.
   Risk: $$$
6. Issue: Computer Porn
   Description: Michael (basically) admitted in public that he has porn on his computer. He ordered Erin — a female subordinate — to remove it. Michael’s co-manager, Jim, witnessed the incident. If the company takes no action against Michael, it will be difficult to discipline others for future violations of the policy.
   Risk: $$$
7. Issue: Conspiracy/Fraud
   Description: Dwight spent the episode implementing a “diabolical plan” to get Jim fired. Along the way, he lied to several employees, abused company processes, convinced his co-workers to give him hundreds of dollars under false pretenses and then attempted to mislead the company’s CFO. Not surprisingly, all of Dwight’s efforts were unsuccessful. At the end of the episode, Ryan — already a convicted felon due to his prior fraudulent acts at DM – agreed to conspire with Dwight in future anti-Jim efforts. The company should fire Dwight and Ryan right now.
   Risk: $$$
8. Issue: Faulty Background Checks
   Description: The company’s hiring process failed to detect that every place Andy worked previously — Enron, Bear Stearns and Lehman Brothers – all collapsed. Now Dunder Mifflin is teetering on the edge of bankruptcy? Coincidence?
   Risk: $$
9. Issue: Various Other Inappropriate Comments/Actions
   Description: Once again, virtually every employee said or did something inappropriate. At this point, virtually every employee could sue the company for something and win.
   Risk: $$$$$$$

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!

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: “Shareholder Meeting.”

The Plot: Here’s NBC’s official description: “Michael discovers he’s going to be honored by David Wallace in New York and brings Dwight, Andy and Oscar along for the ride.”

My Analysis:

1. Issue: Workplace Violence
   Description: Another week, another workplace violence incident involving Dwight. This time, Dwight dressed up as “Recyclops” in honor of Green Week. His costume included a sign that said “KILL,” as well as a sword and potentially dangerous hockey stick. After babbling some nonsense about taking over the planet, he went on a rampage and damaged lots of company property. The fact that (1) Dwight dons the costume every year and (2) nothing has been done to stop him could expose the company to serious liability if ever hurts any humans. My advice: fire Dwight now.
   Risk: $$$$$
2. Issue: Shareholder Class Action
   Description: Facing bankruptcy, the company exponentially increased its potential legal liability, PR difficulties and damage to employee morale by (1) allowing Michael to address an angry shareholder meeting, (2) sending a limo to pick him up, (3) holding the meeting in a swanky hotel, (4) allowing execs to graze on fancy food in an expensive hospitality suite and (5) making multiple false and misleading public statements, among other things.
   Risk: $$$$$
3. Issue: Theft of Company Time; Insubordination
   Description: Despite Jim’s continued exhortations for employees to actually do some work, almost no one did. He finally dealt with the ever-insubordinate-and-video-game-playing Ryan by banishing him to a broom closet. Oscar was allowed to engage in arguably insubordinate conduct (e.g., saying that the company’s initials – DMI — stand for “Dummies, Morons and Idiots” running the company). Michael also engaged in insubordinate conduct by disobeying orders not to take the limo back to Scranton.
   Risk: $$$
4. Issue: Workplace Drunkenness
   Description: Phyllis took a two-hour lunch, drank heavily and returned to work tipsy. When Jim confronted her, she (slurringly) told him that Michael has let her engage in that conduct for years. The fact that neither Michael nor Jim has done anything to address her behavior could expose the company to liability if she hurts herself or others. The fact that Michael boozed it up with other subordinates during the limo ride doesn’t help matters.
   Risk: $$$
5. Issue: Various Other Inappropriate Comments/Actions
   Description: Once again, virtually every employee said or did something inappropriate. The main culprits this week were Meredith (comment about bowel movements), Michael (comment about body parts and Oscar’s national origin), Dwight (comment about body parts and Oscar’s sexual orientation) and Andy (comment about sex). At this point, virtually every employee could sue the company for something and win.
   Risk: $$$$$$$$$

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!