You are hereby notified that you have a mandatory training session this evening. At 9/8c, you are required to tune in to your local NBC affiliate and watch this week’s episode of The Office. Failure to do so could result in disciplinary action.

In my humble opinion, The Office is the world’s greatest employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

TONIGHT’S EPISODE:

Happy Hour.  Here’s NBCs official description:  “Michael gets kicked out of a bar while trying to impress a friend of Jim and Pam’s; Andy and Erin try to keep their relationship under wraps”.

OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST. Tune in tomorrow to see my detailed analysis of the episodes and exactly what I would tell Dunder Mifflin if I were its lawyer. Anyone who spots an employment law issue that I missed will be entitled to a valuable prize.

Enjoy!

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!

You are hereby notified that you have a mandatory training session this evening. At 9/8c, you are required to tune in to your local NBC affiliate and watch this week’s episode of The Office. Failure to do so could result in disciplinary action.

In my humble opinion, The Office is the world’s greatest employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

TONIGHT’S EPISODE:

St. Patrick’s Day.  Here’s NBCs official description:  “Michael thinks he impressed the new boss, but he learns that someone else has caught her eye; Dwight makes trouble for Jim on his first day back, Andy, Erin’s date”.

OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST. Tune in tomorrow to see my detailed analysis of the episodes and exactly what I would tell Dunder Mifflin if I were its lawyer. Anyone who spots an employment law issue that I missed will be entitled to a valuable prize.

Enjoy!

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!

You are hereby notified that you have a mandatory training session this evening. At 9/8c, you are required to tune in to your local NBC affiliate and watch this week’s episode of The Office. Failure to do so could result in disciplinary action.

In my humble opinion, The Office is the world’s greatest employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

TONIGHT’S EPISODE:

Scott’s Tots.  Here’s NBCs official description:  “Michael comes to the realization that he can’t keep a promise to a group of kids; Jim starts an employee of the month program to boost morale”.

OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST. Tune in tomorrow to see my detailed analysis of the episodes and exactly what I would tell Dunder Mifflin if I were its lawyer. Anyone who spots an employment law issue that I missed will be entitled to a valuable prize.

Enjoy!

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: “Koi Pond.”

The Plot: The office turns the warehouse into a haunted house for kids from the neighborhood. Michael falls into a fish pond while visiting a client.

My Analysis:

1. Issue: Theft of Company Time
   Description: Once again, no employees performed any discernible work (other than Pam’s and Andy’s comically horrific attempts at sales). The employees spent the bulk of their time traumatizing children via the haunted house and thinking up creative ways to make fun of Michael for falling into the pond.
   Risk: $$
2. Issue: Children in the Office = Bad Idea
   Description: Exposing children to Michael and anyone else from the office is a recipe for disaster. Carting the kids around on a forklift through the not-exactly-OSHA-compliant warehouse exposed the kids to serious risk. The company should expect an emotional distress class action from the kids’ parents as a result of the obvious trauma inflicted by Michael’s fake suicide (as well as the kids being forced to interact with various other inappropriately costumed employees).
   Risk: $$$$$
3. Issue: “Ageist” Comments
   Description: Several employees made “ageist” comments regarding Creed (the oldest employee in the office) and others. Age discrimination claims were recently ranked by employers as the #1 source of employment law risk. Allowing age-related jokes and comments in the workplace can lead to big-ticket lawsuits in a hurry.
   Risk: $$$$
4. Issue: Workers’ Comp
   Description: Andy may attempt to make a WC claim based on headaches induced by Pam when she interrupted his singing, thereby triggering his sensitivity to “unresolved melodies.”
   Risk: $
5. Issue: Workplace Violence
   Description:  Kevin threatened to kill Erin for revealing that he was the source of a joke about Michael’s fish pond incident. As with path threats (and actual violence), the company took no action.
   Risk: $$
6. Issue: Insubordination and Emotional Distress
   Description: The rampant jokes about Michael falling into the pond bordered on insubordination and caused a near-breakdown by Michael. The employees disobeyed Jim’s repeated orders not to play the video footage of the incident. As always, the company did nothing to address the insubordination.
   Risk: $$
7. Issue: Bad Training
   Description: Michael conducted “sensitivity training” that was anything but sensitive. Several inappropriate sexual and other comments were made as a result. Michael should be ordered to cease and desist from conducting future training sessions of any kind.
   Risk: $$$
8. Issue: Misrepresentation
   Description: Michael and Jim both lied about Michael falling into the pond. Lying to employees and attempted cover-ups are never a good idea. If managers create a culture of “untruthiness,” the risk of ethics violations and corruption increases dramatically.
   Risk: $$$$
9. Issue: Fish Homicide
   Description: Michael inadvertently killed a fish by stepping on its head when he fell into the pond, thereby subjecting the company to a claim for damages from one of its biggest clients.
   Risk: $$$
10. Issue: Failure to Act
    Description: The video of the pond incident clearly showed Jim failing to take any action to save Michael. The incident clearly traumatized Michael and could open Jim (and/or the company) to a “failure to act” claim.
    Risk: $$
11. Issue: Sexual/Pregnancy Harassment
    Description: Andy engaged in extremely creepy actions toward Pam on a sales call, touching her pregnant belly and making highly inappropriate comments. The fact that Andy continues to be employed despite his clear performance and behavior deficiencies is a huge source of risk.
    Risk: $$$$
12. Issue: Various Other Inappropriate Comments/Actions
    Description: Once again, virtually every employee said or did something inappropriate. The main culprit this week was — as always — Michael (inappropriate references to prostitution, Daryl being a “gangsta” and various “ageist” comments noted above). At this point, virtually every employee could sue the company for something and win.
    Risk: $$$$$

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!

You are hereby notified that you have a mandatory training session this evening. At 9/8c, you are required to tune in to your local NBC affiliate and watch the episode of The Office. Failure to do so could result in disciplinary action.

In my humble opinion, The Office is the world’s greatest employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

TONIGHT’S EPISODE:

Koi Pond.  Here’s NBCs official description:  “The staff plans a haunted house for local children; Michael falls into a koi pond during a business meeting; Pam and Andy try cold calling to improve sales”.

OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST. Tune in tomorrow to see my detailed analysis of the episodes and exactly what I would tell Dunder Mifflin if I were its lawyer. Anyone who spots an employment law issue that I missed will be entitled to a valuable prize.

Enjoy!

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 Chump.” Here’s NBC’s official summary: “Michael reacts well to learning bad news; Pam and Jim have issues staying awake while at the office; Angela confronts Dwight about their contract.”

My Analysis:

1. Issue: Radon Riddance
   Description: Michael admittedly threw away several radon testers — two mistakenly and one just to “spite” HR “professional” Toby. He also repeatedly disrupted Toby’s radon training session by making farting noises (in response to a remark by Toby about radon being “silent but deadly”). Michael’s actions could open the company to significant liability if any employees develop radon-related medical issues.
   Risk: $$$$$
2. Issue: Workplace Violence
   Description: Michael made a highly inappropriate comment indicating that if he was in a room with Toby, Hitler and Osama bin Laden and had a gun with only two bullets, he would shoot Toby twice. Dwight then demonstrated in graphic detail how he could kill all three with a “single shot to the throat.” Given all the previous other workplace violence incidents (particularly by Dwight), the company could face humongous liability at some point.
   Risk: $$$$$$$
3. Issue: Theft of Company Time (and Other Bad Stuff)
   Description: Once again, no employees did any discernible work. Most of the staff spent the episode trying to convince Michael to break off his relationship with Donna. Michael wasted additional time by ordering the entire office to observe “ten minutes of silence” in honor of Michael Jackson. Andy and Michael left the office on company time to stalk Donna’s husband. Dwight and Angela met with a mediator in a company conference room to resolve their “birthing contract” dispute. Jim and Pam each took a pair of naps. After Gabe discovered the first nap, he did little to address it other than lamely scold them. Daryl (now a manager) sanctioned the second nap and even recommended a sleeping spot that he helped set up in the warehouse. Dwight and Angela agreed to an unlawful arrangement bordering on prostitution and then engaged in unspeakable acts in the warehouse within earshot of Pam and Jam, clearly causing them severe emotional distress.
   Risk: $$$$$
4. Issue: Workplace Injury?
   Description: Dwight intentionally (and repeatedly) injured himself on company property. If he tries to file a workers’ comp claim, there should be plenty of evidence that it isn’t compensable.
   Risk: $
5. Issue: Unethical Leadership
   Description: Michael’s refusal to stop seeing Donna despite the fact that she’s married led to various of his subordinates openly questioning his ethics and character. Michael compounded the problem by (1) asserting that he is entitled to do whatever he wants whenever he wants and then (2) stealing another employee’s orange and (3) eating Meredith’s birthday cake without permission. His reprehensible behavior rubbed off on Ryan, who propositioned Erin in a clearly unwelcome manner. Unethical leaders can poison an entire organization and create significant liability. Just ask Enron.
   Risk: $$$$$$$
6. Issue: Loss of Consortium
   Description: It’s a stretch, but Donna’s husband could potentially file a lawsuit against the company for loss of consortium (a fancy legal term for “your bad acts ruined my marriage”), given the fact that several managers are aware of Michael’s affair with Donna but failed to take appropriate steps to stop it.
   Risk: $$
7. Issue: Don’t Let Michael Talk to the Press
   Description: Michael confessed his affair live on the air to a news reporter. In doing so, he potentially opened himself and the company to a variety of claims from Donna and her husband (e.g., defamation, invasion of privacy, etc.). He also may have inadvertently admitted that the company should bear responsibility for its printers bursting into flames (since that’s what the reporter was actually asking him about).
   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!

You are hereby notified that you have a mandatory training session this evening. At 9/8c, you are required to tune in to your local NBC affiliate and watch the episode of The Office. Failure to do so could result in disciplinary action.

In my humble opinion, The Office is the world’s greatest employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

TONIGHT’S EPISODE:

The Chump. Here’s NBC’s official description: “Michael reacts well to learning bad news; Pam and Jim have issues staying awake while at the office; Angela confronts Dwight over their contract.”

OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST. Tune in tomorrow to see my detailed analysis of the episodes and exactly what I would tell Dunder Mifflin if I were its lawyer. Anyone who spots an employment law issue that I missed will be entitled to a valuable prize.

Enjoy!

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: “Niagara.”

The Plot: Here’s NBC’s official description: “Jim and Pam take the office to Niagara Falls for a wedding to remember.”

My Analysis:

1. Issue: Pregnancy Discrimination
   Description: Multiple employees made inappropriate comments about Pam’s pregnancy and the company ignored her quite reasonable requests (e.g., for her co-workers to wear less pungent perfume and eat less odoriferous lunches). As a result, Pam upchucked, setting off a chain reaction of retching throughout the office.
   Risk: $$$
2. Issue: Theft of Company Time
   Description: The entire office has been preoccupied by the wedding for several weeks, doing almost no discernible work. That pattern continued this week as everyone talked non-stop about the upcoming nuptials and then left work early to travel to Niagara Falls.
   Risk: $$
3. Issue: Assault/Workplace Violence
   Description: Michael pinched Angela. She no doubt documented that occurrence and added it to her growing list of complaints. Dwight kicked a wedding guest in the face. Pam intentionally stomped on Andy’s hand. Kevin’s foul-smelling shoes assaulted the nasal passages of several hotel employees.
   Risk: $$
4. Issue: Invasion of Privacy
   Description: Dwight stole Pam’s guest list and compiled a dossier on each and every female invitee. Michael fully endorsed his behavior.
   Risk: $$
5. Issue: How Not to Interact with Employees Off-site
   Description: Michael graphically illustrated how not to interact with employees at an off-site event. Don’t (1) demand to share a room with employees of the opposite sex, (2) make uninvited public speeches in which you make graphic sexual comments about your subordinates, (3) encourage excessive alcohol consumption, (4) hit on your employees’ relatives and/or (4) basically anything else Michael did in this episode.
   Risk: $$$$
6. Issue: Dangerous Work-related Activities
   Description: Michael tied full beer cans to his bumper, causing them to explode. He also fell asleep behind the wheel while driving Dwight to the wedding. Although no one was hurt, Michael’s continued propensity to do dumb, dangerous things could one day blow up in the company’s face (literally).
   Risk: $$$
7. Issue: Allowing Dwight To Interact With Children (And Anyone Else)
   Description: Dwight sat at the kids’ table, drank beer in front of them and complained at length about the company’s failure to promote him. In fact, Dwight engaged in highly inappropriate acts with basically every wedding guest he encountered. My advice: fire Dwight immediately (or at least never let him go out in public again).
   Risk: $$$
8. Issue: Criminally Bad Dancing
   Description: Several employees exhibited horrific/obscene dance moves that could add to the harassment and emotional distress claims against the company.
   Risk: $$
9. Issue: Workplace Injury
   Description: Andy suffered a dancing-related injury and could potentially claim that it took place at a company-sponsored event based on management’s participation and approval of the party.
   Risk: $$
10. Issue: Emotional Distress
    Description: Andy continued to exhibit signs of deep emotional distress by openly weeping at various points in the episode with very little provocation. In addition, virtually every wedding guest has a potential emotional distress claim against the company based on the collective impact of the various bad acts of its employees.
    Risk: $$
11. Issue: Ignoring Complaints
    Description: As he does every week, Dwight attempted to file a “formal complaint.” As it does every week, the company ignored him. If Dwight ever gets fired, he will undoubtedly point to his multitude of complaints and claim retaliation (and argue that the company’s failure to invetigate evidenced bad intent).
    Risk: $$
12. Issue: Fraud
    Description: Pam and Jim accepted numerous wedding gifts from attendees who were unaware that the two had already secretly gotten married. Stanley will undoubtedly demand his toaster back.
    Risk: $
13. Issue: Various Other Inappropriate Comments/Actions
    Description: Once again, virtually every employee said or did something wildly inappropriate. The main culprits this week were Dwight (too many to count, but especially his creepy mix tape and comments made to various female wedding guests) and Michael (basically everything that came out of his mouth plus the painting of Jim and Pam in the nude). At this point, every employee could sue the company for something and win.
    Risk: $$$$$

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!