The Office: Weekly Analysis 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.
Last Night’s Episode: “Gossip.”
The Plot: Gossip spreads throughout the office thanks to Michael and his very loose lips.
My Analysis:
- Issue: Property Damage and Workers’ Comp
Description: The episode started with Michael, Dwight and Andy doing their rather lame version of the “2004 Internet Sensation” Parkour (which, as Jim explains it, is basically moving from place to place in the most creative means possible). They damaged company property and several cars in the parking lot, invaded Meredith’s privacy in the bathroom and then Andy appeared to suffer a workplace injury after an ill-advised jump from the roof. The fact that management (Michael) condoned the activity increases the risk of company liability.
Risk: $$$ - Issue: Intern Abuse
Description: Michael, Dwight and Meredith took turns annoying/harassing/intimidating the summer interns. Suspecting that two of the interns were dating, Michael “investigated” their relationship in a highly inappropriate manner. The interns may also have a misrepresentation claim, based on the company’s representation that its intern program would be worthwhile and “exciting.”
Risk: $$$$ - Issue: Suicide Threat
Description: The company did nothing in response to Kelly’s threat to kill herself. If she follows through, the company could potentially be sued by her survivors.
Risk: $$$$ - Issue: Inappropriate Comments
Description: Virtually every employee made an inappropriate remark of some kind. By my count, the company has now officially topped the One Billion Inappropriate Comments mark and could face a discrimination/harassment lawsuit from almost any employee.
Risk: $$$$$$$$ - Issue: Defamation/Harassment/Discrimination
Description: Michael started a rumor about Stanley having an affair. After getting threatened by Stanley, he tried to “undo” the rumor by spreading false gossip about everyone else to create confusion. It didn’t work. As a result, every employee in the office now may have a defamation claim against the company. Based on the nature of the rumors, some employees may also have harassment, discrimination and/or breach of privacy claims.
Risk: $$$$ - Issue: Theft of Company Time
Description: Stanley informed Michael that he was leaving work to break off his affair. Michael did nothing.
Risk: $ - Issue: Breach of Contract, Loss of Consortium
Description: Michael promised Stanley not to tell others about his affair. Michael broke that promise and his actions may have directly caused Stanley’s wife to dump him. Stanley’s potential damages may be offset somewhat due to the fact that he destroyed Michael’s car with a tire iron.
Risk: $$
OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST: Anyone who leaves a comment below or sends an e-mail to blawg@manpower.com 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!
September 18th, 2009 at 10:49 am
What about talking about the status of another employee’s status within the company? Granted it was just a made up rumor when Michael told Kelly that Erin may not work at or be with the company any longer, but if true, it’s a management issue and shouldn’t be discussed with other employees.
September 18th, 2009 at 11:46 am
Hello Faith! I lumped that in with all the other “Inappropriate Comments” but it may have warranted its own mention. For your efforts, we’ll award you a valuable prize. Thanks for your participation!