At 9/8c, you are required to tune in to your local NBC affiliate and watch tonight’s NEW episode of The Office. Failure to do so could result in disciplinary action.

In my humble opinion, The Office is the world’s greatest employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

TONIGHT’S EPISODE: Special Project. Here’s NBC’s official description: “Dwight is issued a special project at Sabre headquarters and must decide what other Scranton employees to take with him; Pam returns from maternity leave.” For more, click here.

OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST. Tune in tomorrow to see my detailed analysis of the episode and exactly what I would tell the company if I were its lawyer. Anyone who spots an employment law issue that I missed will win a valuable prize.

Enjoy!

To help enhance your viewing experience, each week I provide a critique of the action from an employment lawyer’s perspective. We also conduct a weekly “Are You Smarter Than a Lawyer?” Contest. Anyone who leaves a comment below identifying a legal issue that I missed will win a valuable prize.

Last Night’s Episode: Jury Duty

The Plot: Here’s NBC’sfficial description: ”Jim returns after being away for jury duty and a curious Dwight will not stop questioning him about the case; Angela and the Senator welcome their new baby.”

My Analysis:

1. Issue: Andy’s Stress Release
   Description: Andy forced the warehouse employees to stop working and clear out so that he could do a “stress-release dance” to the theme from Footloose. In addition to hurting productivity, Andy made a huge mess, imperiled worker safety (mostly his own), wasted company resources, made an inappropriate comment and committed a copyright violation that could have Kenny Loggins coming after the company.
   Risk: $$$$
2. Issue: Lies, Lies and More Lies
   Description: As we discussed in our most recent webinar, dishonesty is the #1 way to get fired fast. Jim lied about being on jury duty. Andy lied about Jim lying (and about no one ever lying to him before). The lies continued to pile up as they both engaged in an attempted cover-up. Dwight conducted an “investigation” that followed none of our patented Investigation Tips contained in our 2012 Employment Law Tool Box. The company should conduct an actual investigation with a real HR person and fire them both. In addition, Angela lied about her baby’s due date (and possibly, its paternity).
   Risk: $$$$
3. Issue: Don’t Touch
   Description: Andy gave Jim an over-the-top hug and strange handshake when Jim returned the the office. He later slapped Jim as punishment (after telling him that he was in “deep doo-doo”) for his jury duty lies. Touching employees is never a good idea (especially if you’re Andy).
   Risk: $$
4. Issue: Emotional Distress
   Description: Stanley, Phyllis, Darryl and others expressed that they suffered various levels of distress due to Jim’s prolonged absence. The value of their claims was diminished when they later encouraged Jim to leave work to care for his kids.
   Risk: $
5. Issue: Defamation
   Description:  Dwight made several defamatory comments about Jim (including calling him a “pervert”) and Toby (“the most forgettable man on the planet”). Dwight also made multiple public pronouncements proclaiming that he is the father of Angela’s baby, which may not be true. Virtually everyone who saw Angela’s baby made a disparaging comment about him.
   Risk: $$
6. Issue: Inappropriate Comments
   Description: Andy made comments about his and Jim’s posteriors. Stanley made a comment about Jim’s posterior. Kevin, Oscar, Ryan, Phyllis and Angela made inappropriate race/national origin-based comments. Gabe made a creepy comment about the maternity ward. Kevin called Erin “bimbo.” Erin called Kevin “himbo.” Kevin and Erin made potentially unlawful comments about obesity. Dwight made multiple inappropriate comments to Angela while contending that he’s the baby’s father.
   Risk: $$$
7. Issue: Gambling
   Description: Erin and others may have violated state anti-gambling laws by conducting a baby pool.
   Risk: $$
8. Issue: Dwight on NCIS?
   Description: Jim tricked Dwight into traveling across the country to perform as an extra on NCIS. Jim (and possibly the company) could be on the hook for travel and other expenses/damages.
   Risk: $$
9. Issue: Invasion of Privacy
   Description: Oscar, Kevin, Erin and Gabe charged into Angela’s hospital room with video cameras rolling, potentially creating invasion of privacy and other claims.
   Risk: $$
10. Issue: Drug References
    Description: Andy made Dwight take an imaginary “chill pill.” It seemed to work — temporarily. Angela made a reference to drugs at a “James Taylor concert.”
    Risk: $$
11. Issue: Corruption of Minors
    Description: Kevin bought Angela’s newborn a violent Call of Duty video game. Jim and Pam brought their kids into the office solely to make everyone feel sympathy for them. They made their daughter lie about artwork she didn’t create, which resulted in her sobbing uncontrollably.
    Risk: $$$
12. Issue: Breach of Confidentiality
    Description: Approximately 0.8 seconds after promising Angela he wouldn’t disclose that Angela’s baby was born out of wedlock, Oscar disclosed that information to Dwight who kept the secret for approximately 0.7 seconds.
    Risk: $$
13. Issue: Interference with Medical Care
    Description: Dwight attempted to interfere with the baby’s circumcision.
    Risk: $$
14. Issue: Fire Hazard
    Description: Dwight smoked a cigar in the workplace and then extinguished it in a highly unsafe manner. Andy observed Dwight’s actions but did nothing.
    Risk: $$$
15. Issue: Theft of Company Time
    Description: Once again, no employees did any discernible work.
    Risk: $$

At 9/8c, you are required to tune in to your local NBC affiliate and watch tonight’s NEW episode of The Office. Failure to do so could result in disciplinary action.

In my humble opinion, The Office is the world’s greatest employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

TONIGHT’S EPISODE: Jury Duty. Here’s NBC’s official description: “Jim returns after being away for jury duty and a curious Dwight will not stop questioning him about the case; Angela and the Senator welcome their new baby.” For more, click here.

OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST. Tune in tomorrow to see my detailed analysis of the episode and exactly what I would tell the company if I were its lawyer. Anyone who spots an employment law issue that I missed will win a valuable prize.

Enjoy!

To help enhance your viewing experience, each week I provide a critique of the action from an employment lawyer’s perspective. We also conduct a weekly “Are You Smarter Than a Lawyer?” Contest. Anyone who leaves a comment below identifying a legal issue that I missed will win a valuable prize.

Last Night’s Episode: Pool Party

The Plot: Here’s NBC’sfficial description: ”Robert throws an office pool party at his mansion.”

My Analysis:

1. Issue: “Pool” and “Party” Don’t Belong in the Same Sentence
   Description: One employment lawyer I know has this simple rule: “Never ever let employees see each other in their swimsuits.” That’s great advice. Multiple employees made suggestive comments, engaged in inappropriate touching and ogled one another. Dwight shoved Erin into the pool and then dunked her. Several employees engaged in potentially dangerous chicken fights and other pool-area horseplay. Erin pulled Dwight’s hair (hard). Dwight nearly drowned. Darryl nearly emptied the pool by doing a potentially dangerous cannonball. The party concluded with the CEO, Ryan and Gabe skinny-dipping in full view of all the employees. Yikes.
   Risk: $$$$$
2. Issue: Fire the CEO Now
   Description: The CEO himself hosted the party at his soon-to-be-lost-in-a-divorce mansion, handed out loads of alcohol, made lots of lewd and lascivious comments, got naked in front of all his employees and then engaged in a strange after-hours dance party with Ryan and Gabe. On top of all that, his character is not the least bit funny. Fire him. Now.
   Risk: $$$$$$$
3. Issue: Fire Ryan and Gabe Now
   Description: Ryan has already been fired once (and jailed) for multiple counts of fraud and SEC violations. Gabe has routinely engaged in terminable offenses (including his suggestion in this episode that he and his co-workers watch a rather inappropriate movie together). They both appear to be 100% incompetent at their jobs. Their decision to join the CEO in his public display of nudity should be the last straw. Fire them both. Now.
   Risk: $$$$$
4. Issue: Harassment
   Description:  Based on the actions described above (and many others during the episode), virtually every employee could file harassment claims and win. In addition, Erin continued stalking Andy (this time by encouraging Dwight to harass her to make Andy jealous). Dwight acquiesced to Erin’s request but took it waaaaaay too far. Darryl continued stalking Val. Kathy (Pam’s replacement) continued stalking Jim.
   Risk: $$$$$
5. Issue: You Booze You Lose
   Description: The CEO clearly “over-served” several employees. The company could well be on the hook for any injuries sustained by them or others both during and after the party.
   Risk: $$$$$
6. Issue: Discriminatory Tour
   Description: The CEO gave only the male employees a tour of his mansion, which included a free (and very expensive) bottle of wine. Along the way, he made multiple egregious comments about multiple protected classes.
   Risk: $$$
7. Issue: Property Theft/Damage
   Description: Stanley moved Andy’s pants without permission, resulting in the (temporary) loss of his engagement ring. Kelly attempted to abscond with the ring and then she and Phyllis set fire to it in an attempt to rid it of a “curse.” Jim ran over the CEO’s mailbox on his way out of the party.
   Risk: $$
8. Issue: Meatballs Under False Pretenses
   Description: In the days leading up to the party, Jim repeatedly loaded Dwight’s desk with meatballs in a practical joke spurred on by Stanley. Later, Dwight and Stanley revealed that the whole thing was a hoax intended to trick Jim into giving them free meat. Jim could potentially sue them for fraud/misrepresentation/conspiracy and they could potentially sue Jim if either of them gets sick due to his not-all-that-sanitary-looking lumps of meat.
   Risk: $$
9. Issue: Theft of Company Time
   Description: Once again, no employees did any discernible work.
   Risk: $$
10. Issue: Other Inappropriate Comments
    Description: Meredith made terrible comments about the CEO and Erin. Erin made terrible comments about Andy and his girlfriend. Andy made terrible comments about himself. Kevin made terrible comments about Darryl. Dwight and Andy made terrible comments about Erin. In fact, virtually everyone made at least one terrible comment of some sort.
    Risk: $$$$