Retaliation is Reality TV

September 08, 2013 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

I think it’s safe to say that now, in 2013, we as a society are overrun by reality TV.

The Truman Show starring Jim Carey debuted in 1998. In case you have forgotten, that was the movie where the whole world watched one man’s every move on a daily basis, from brushing his teeth to mowing the lawn to sleeping. While it’s hard to imagine a creepier plot line for a show, that’s pretty much all that’s on TV nowadays. Well, that and . . . CSI [insert your city here]. YEEEEEEAAAAHHHHH! (We miss you, Horatio Caine.) 

So it should come as no surprise that the ubiquitous genre of reality TV lends itself to the occasional employment law lesson. And today’s lesson comes from that epic engineer of entertainment–A&E–and its hit show Storage Wars. The show follows professional buyers who purchase the contents of storage lockers based only on a five-minute inspection of what they can see from the door when it is open. The goal is to turn a profit on the merchandise. (And you thought your college degree meant something.)

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Fire all the “cripples” and the “fatties?!”

August 30, 2013 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

As I mentioned in my July post, the film Horrible Bosses has enough material for weeks’ worth of blog posts. With three atrocious bosses blatantly making the lives of their employees miserable and disregarding a long list of employment laws, it is certainly a plaintiffs’ attorney’s dream situation and an HR manager’s nightmare. I am sure the upcoming sequel will be full of blog material as well. This week, I turn my attention to the antics of Bobby Pellitt (Colin Farrell), the cocaine-addicted son of business owner Jack Pellitt.

Unfortunately, when his kindly, family-oriented, and environmentally conscious father suddenly dies, Bobby is left to run the business. As it turns out, Bobby’s business approach includes snorting as much cocaine as possible, having his own harem of prostitutes present at the office at all times, disregarding necessary safety precautions for hazardous materials, and firing all the “cripples” and the “fatties.” Bobby even starts calling one wheelchair-bound employee “Professor Xavier” of X-Men fame. According to Bobby, “Roaming around all day in his special little secret chair, I know he’s up to something.”

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And the Gold Medal in Flonkerton goes to…

August 26, 2013 - by: Jaclyn West 0 COMMENTS
Jaclyn West

If you’ve worked in your share of offices, you’ve probably seen at least one coworker post the following sign: “The Beatings Will Continue Until Morale Improves.”

Ah, yes. Morale. It’s six little letters, but it’s a big concept–especially when you start considering all of the ways that employee morale relates to productivity and profitability. Happy employees get more done at work. They bring better attitudes to the job and are able to deal better with problems or issues that pop up during the day. Their higher levels of productivity, and their enhanced abilities to solve problems without losing their cool, add up to more profits for their employers. Not to mention the fact that the happier people are at work, the more likely they are to take care of their health, adding up to big savings on insurance costs. Happy employees are also less likely to take the extreme step of suing their employers, and teams with good morale and positive communication often don’t see the need for third-party union representation, either. Really, the only question is: Why don’t more companies take steps to improve employee morale?

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Categories: Jaclyn West / Uncategorized

Biogenesis and the (Bad) Boys of Summer

August 16, 2013 - by: David Kim 0 COMMENTS
David Kim

For some people, summer evokes thoughts of sunshine and long walks on the beach with sand under their bare feet (sounds like the setting of a Nicholas Sparks novel … or so I’m told). For me, I think of baseball. As an annual subscriber to MLB Extra Innings, I think of the plethora of games waiting for me when I get home from work, especially those of my hometown Red Sox. I constantly check my fantasy baseball team to see what moves I can make to catapult me up the standings. When I’m working late, the text from my wife doesn’t just ask when I’m coming home, but also provides me with spirit-lifting updates: “McCutchen just hit a three-run bomb.” Pause. Fist pump. Back to work.

But this summer, my fellow baseball fans and I aren’t the only ones thinking and talking about America’s pastime. Biogenesis has dominated the headlines, culminating in the suspension of 13 major and minor league baseball players this month, in addition to last month’s suspension of Ryan Braun. Interestingly, none of these players actually tested positive for performance enhancing drugs (except for Braun back in 2011, who successfully appealed based on a technicality, and has now been introduced to my friend karma). A failed test would establish per se grounds for a 50-game suspension pursuant to the Joint Drug Agreement (JDA) between Major League Baseball and the Player’s Union.

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Skeevy TV raises harassment threshold for sitcom writers

August 12, 2013 - by: Brian Kurtz 1 COMMENTS
Brian Kurtz

Law school will ruin your life in so many ways.

I used to watch television in a state of blissful ignorance. Holes in the plot? Didn’t notice. Inconsistent character behavior week to week? Didn’t care. Offensive, sexually charged dialogue? Didn’t mind at all.

Then I became a lawyer, and now my clients are employers who do mind that last kind of thing when it happens in their conference rooms, around their water coolers, or wherever else their employees congregate to ogle one another. Sexual harassment is a serious thing, the public loves salacious stories, and juries love to punish the wallets of companies that permit drooling, predatory managers to roam the hallways. When the boss whispers all sorts of naughty things to his secretary, it’s a lawsuit. When he does it on my Sony HD during prime time, it’s entertainment!

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Workin’ it in the library

July 25, 2013 - by: Jaclyn West 0 COMMENTS
Jaclyn West

It’s summertime, and the reading is easy. (For many, that is. There are some who like to take advantage of long beach days with a tome they otherwise wouldn’t have time to read; to them, we say more power to you!) As a bookworm, I’m always looking for a good read to take with me, whether that’s to the beach or otherwise—although I do prefer the beach. And as a proud employment law geek, I love it when my pleasure reading gives a nod to my chosen profession. So if you, too, like your summer reading to dish out a generous portion of human resources (I can’t be the only one, now, can I?), here are some of my personal favorites.

Fiction
Then We Came to the End: A Novel by Joshua FerrisThen We Came to the End was described to me as “Office Space in book form,” and I have to say, that description is apt. The book chronicles a group of employees in a Chicago advertising firm facing deep staffing cuts. It’s narrated in the first-person plural, which is an interesting, little-used perspective, and as a result, it honestly captures the group dynamics of many offices. This dark comedy manages to be simultaneously sad and funny . . . and anyone who has ever looked with an envious eye at a coworker’s office furniture will blush with recognition.

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Horrible bosses aren’t always male

Kristin Starnes Gray

Litigation Value: Rampant unlawful discrimination and harassment = more zeros than I’ve seen in a long time; instructing employees to fire all the “cripples” and the “fatties” = an expensive lesson for the employer to learn; finding out that a sequel is in the works = priceless.

To kick off our new blog, I thought I should choose some bosses whose shenanigans meet, if not exceed, the litigation value accumulated by the antics of the much loved fictional boss and source of inspiration for our previous blog, Michael Scott. With that in mind, it would be difficult to surpass the litigation value in the aptly named dark comedy film Horrible Bosses. Given that a sequel is now in the works, let us revisit one of my favorite 2011 films.

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