Weekly Office Review and 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. Here’s this week’s review . . .
Episode Title: ”The Duel”
The Plot: After Andy discovers Dwight’s affair with Angela, they face off in a rather humorous “duel” to win her affections.
Quote of the Week: When the company’s CFO discovers that Michael’s branch is somehow outperforming the others in these economically troubled times, he asks Michael for his management secret. Here’s Michael’s response: “My philosophy is basically this. And this is something that I live by. And I always have. And I always will. Don’t ever do anything to anyone. For any reason. No matter what. No mater when. Or what. Or who you are with. Or where you’re going. Or where you’ve been. Ever. For any reason whatsoever.”
My Analysis:
- Issue: Unnecessary 911 Call
Description: Angela placed an unneeded 911 call to complain about speeding in front of the office complex. In response, the police placed a speed-clocking gizmo in front of the building. The company could face liability if Angela’s call prevented the police from attending to more serious matters.
Risk: $$ - Issue: Theft of Company Time
Description: Just about everyone in the office spent most of their time doing anything other than their jobs. Michael made the entire staff do sprints in front of the radar gizmo to prove that he’s the fastest person in the office. Andy continued to plan (and, ultimately, unplan) his wedding on company time. Everyone else spent most of the episode watching the potential workplace violence unfold and doing nothing to stop it.
Risk: $$ - Issue: Workplace Violence
Description: The company did just about everything it could to create the world’s biggest workplace violence lawsuit. Dwight (an employee with a well known penchant for violence and weaponry) openly challenged Andy (an employee who recently returned from anger management leave) to a “duel.” Management did almost nothing to stop the potential violence. In fact, Michael triggered the entire incident by telling Andy about Angela’s affair with Dwight in a (very) poorly handled manner. Jim overheard the entire conversation leading up to the duel but took no serious action to stop it. The fact that the duel took place in the company parking lot would not absolve the company from liability. Thankfully, Dwight and Andy were too incompetent to seriously harm one another, but it’s foreseeable that either employee could later file suit claiming some sort of emotional, physical or property injury.
Risk: $$$$ - Issue: Harassment
Description: As always, employees are allowed to engage in openly inappropriate conduct. Several employees made inappropriate sexual and/or age-based comments. At this point, virtually any employee could sue for some form of harassment and the company would be defenseless.
Risk: $$$$$
CONTEST: Anyone who spots an employment law issue that I missed and either (1) leaves a comment below or (2) shoots me an e-mail at blawg@manpower.com 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.
Join us next week for our lawyerly look at a brand new episode entitled “Prince Family Paper.” Here’s NBC’s official description: “Michael and Dwight go undercover to spy on their paper company competitor.” Should be fun.