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, I provide a weekly critique of each episode from an employment lawyer’s perspective.

Last Night’s Episode:  ”Business Ethics”

The Plot:  Following the termination of a company exec for criminal and fraudulent conduct, the company decides to conduct mandatory business ethics training.

Quote of the Week:  I don’t want my employees thinking their jobs depend on performance.  What kind of job is that?  (Michael Scott, Regional Manager)

My Analysis:  Here’s what I would tell the company after my second week in “The Office”:

Me:  Hello, boss.

Boss:  Hello, Mark.  Could you please shut the door on your way out?  Thanks.

Me:  Sorry, sir, but we have to talk.

Boss:  What is it now?  I’m trying to practice my putting.

Me:  I’m glad you asked.  Here’s a detailed memo describing the 28,327 legal violations I observed this week.

I then hand him a document containing the following . . .

1. Issue:  Workplace Violence
   Description:  Upon learning of Jim’s engagement to Pam, Michael gave Jim an overly aggressive hug, knocking him to the ground.  Michael later threatened to “kill” anyone who refused to join him in the conference room for the ethics training session.
   Risk:  $$
2. Issue:  Emotional Distress
   Description:  At the outset of the training, the staff was forced to dance along to Olivia Newton-John’s Let’s Get Physical (changed to “Let’s Get Ethical” by Michael).  The combination of watching Michael “dance” while being exposed to one of the worst songs in American history could easily induce emotional (and perhaps even physical) distress.
   Risk:  $$
3. Issue:  Copyright Violations
   Description:  Ms. Newton-John’s song was played without obtaining the proper license beforehand.  Michael ignored an employee’s downloading of pirated software onto his work computer and later photocopied a piece of art without permission.
   Risk:  $$
4. Issue:  Sexual Harassment
   Description:  Like last week, virtually every character sexually harassed someone.  Dwight continued to have romantic encounters with a subordinate on the premises, Ryan bragged about “hook-ups” with celebrity look-alikes and Michael openly attempted to woo his HR rep (Holly) — all without rebuke or repercussions. 
   Risk:  $$$$
5. Issue:  Granting “Igmunity”
   Description:  During the training, Michael granted the entire staff “igmunity” (I think he meant “immunity”) for any and all prior misconduct, leading to a flood of confessions (including his own admission that he once did nothing in his office but watch Sesame Street videos on YouTube for five straight days).  Such acts could potentially impair the company’s right to discipline employees for the disclosed misconduct.
   Risk:  $$$
6. Issue:  Ignoring Ethical Violations
   Description:  Michael exposed the company to significant liability by fostering an anti-compliance environment both during and after the training.  He constantly interrupted the training with bad jokes and forced Holly to cut the session short.  Following Meredith’s revelation of a serious conflict of interest (sleeping with a supplier to get discounts), Michael repeatedly pressured Holly to stop the investigation.
   Risk:  $$$$$
7. Issue:  Whistleblower Claim
   Description:  When Holly appealed to Corporate for support, she was scolded for taking the training seriously, ordered to scuttle the investigation (the obvious violation was deemed a “gray area”) and told to do nothing other than get the employee to sign the training certificates.
   Risk:  $$$$$

Join us next week for our lawyerly look at Episode #3, entitled “Baby Shower.”  I’m almost afraid to watch.

This entry was posted on Friday, October 10th, 2008 at 8:50 am and is filed under Employment Law News, Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.