The Office: Weekly Analysis & 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 featured a doubleheader — two episodes, which means double the employment law fun.
Last Night’s Episode: Happy Hour
My Analysis:
- Issue: Theft of Company Time
Description: Michael continued his career-long practice of distracting each and every person who makes any attempt to do any actual work in the office. This week, he challenged the entire staff to beat his new push-up record, offering the rest of the day off as a prize. Stanley continued his career-long practice of avoiding work at all costs by beating Michael’s record (despite nearly suffering a heart attack in the process) so that he could go home early.
Risk: $$ - Issue: Inappropriate Comments About Physical Condition/Activity
Description: Comments about physical condition are (very) rarely appropriate in the workplace and could trigger discrimination lawsuits. Dwight called Michael’s final push-up a “girl push-up,” which no doubt offended several female employees. Michael made a disparaging age-ist comment about Creed being “disqualified” from the push-up contest. In addition to comments, Michael inappropriately booted Angela in the hindquarters at one point during the contest.
Risk: $$ - Issue: Unhappy Hour
Description: Mixing alcohol and employees (especially these employees) is rarely a good idea. As consumption increased, so did the lawsuit potential. Before the outing even started, Phyllis threatened to flirt and wear revealing clothing in an effort to tempt her husband into beating people up. Daryl made inappropriate comments to Oscar about his sexual preference. Andy stalked Erin. Erin stalked Andy. Andy announced their relationship over the bar’s loudspeaker. Oscar stalked Matt. Dwight stalked Pam’s sister while being stalked by Angela. Pam’s sister smacked Angela in the head. Michael stalked multiple women, damaged property belonging to the bar and almost got into a fight with a bouncer. Kevin made inappropriate baby noises (as well as a variety of inappropriate sexual gestures). Several employees touched others in inappropriate ways and made other inappropriate comments too numerous to catalog in detail here.
Issue: $$$$$$$$$ - Issue: Breach of Contract
Description: Dwight threatened to breach his “birthing contract” with Angela. Angela responded by serving him with a summons. Whether Dwight could be liable for damages depends on (1) whether the contract promised exclusivity and (2) what the specified damages are.
Risk: $$$ - Issue: Worst Management Book Ever
Description: Michael announced his intention to publish a leadership how-to book entitled “Somehow I Manage.” If the book and the “advice” contained therein are in any way tied to the company, it could face lots of lawsuits from anyone who attempts to apply any of Michael’s words of wisdom.
Risk: $$$$$ - Issue: Negligent Hiring
Description: At the close of the episode, it was revealed that Daryl recently hired a former heart surgeon who had to escape his former country of residence after he intentionally killed his boss. In addition to potential immigration and visa issues, if the employee injures (and/or kills) any of his co-workers, the company could be hit with lots of big-time lawsuits.
Risk: $$$$$$$
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!