The Office: “Crime Aid”
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: ”Crime Aid”
The Plot: When the office is robbed, Michael holds an auction to raise money to replace the stolen items.
My Analysis:
- Issue: Sexual Harassment
Description: Michael is now officially (and openly) dating Holly, the HR rep. They make out in front of other employees (including a senior executive of the company) and have a romantic encounter on the premises. While the relationship appears to be “welcome,” if the senior exec does nothing to address the situation and Holly ultimately ends up suing, the company could face substantial liability. On another front, Dwight continues his dogged pursuit of Angela, despite the fact that she’s engaged to Andy. Both Michael and Dwight make several inappropriate sex-related comments and gestures.
Risk: $$$$$ - Issue: Workplace Violence
Description: Dwight brings a large knife into the workplace and uses it to carve another knife out of a block of wood. The fact that he’s openly angry about Angela’s upcoming wedding to Andy increases the potential for violence and liability. Later, Phyllis slaps Dwight in the company parking lot. Dwight appears to be uninjured.
Risk: $$ - Issue: Fraud
Description: In advertisements for the auction, Michael identifies the grand prize as a pair of Bruce Springsteen concert tickets. Michael later admits he never had the tickets, which could result in a fraudulent misrepresentation lawsuit by disgruntled attendees.
Risk: $$ - Issue: Copyright Violation
Description: Michael plays several Springsteen songs on a boombox during the auction without first obtaining the necessary license. The fact that this is Michael’s fourth consecutive week with a copyright violation increases the risk of liability.
Risk: $$ - Issue: Emotional Distress
Description: While Michael identifies the songs as “Springsteen songs,” they are actually Huey Lewis songs, which could lead to emotional distress claims by avid Springsteen fans.
Risk: $ - Issue: Age Discrimination
Description: Michael continues his pattern of “ageist” comments, including a derogatory “old person” reference within earshot of Creed, the eldest employee in the office. Such comments could potentially support an age discrimination suit. (Click here for discussion of a real-life “ageist comment” case.)
Risk: $$$ - Issue: Race Discrimination
Description: Michael makes an inappropriate analogy between the auction and slavery at an all-employee meeting. Such comments could support a race discrimination claim.
Risk: $$$ - Issue: Company-sanctioned alcohol use
Description: Darryl’s auction item is “go out for a beer right now.” Jim wins and they immediately leave work for a bar. The company could potentially be on the hook for any resulting personal or property damage.
Risk: $$$
If you missed the episode, you can view it here.
Join us next week for our lawyerly look at Episode #5, entitled “Employee Transfer,” in which Michael and Holly “get some shocking news from corporate.”