Litigation Value: A little recognition goes a long way, especially if there’s an unlimited bar tab…

As the weeks roll by, we find ourselves closer and closer to the season premiere and Michael Stott’s last year at the office. But right now, we’re still in the midst of the long, hot summer, and last night was another rerun. Last night we re-watched “St. Patrick’s Day,” which we covered earlier this year. It got me thinking about job satisfaction. In addition to work-life balance, which we discussed on first run, what else do employees need to feel happy in their jobs? Recognition! Now that’s something Michael does very well, especially when the annual Dundie Awards roll around. Here are my picks for 2010:

The Brangelina Award goes to the hottest couple in the office!  Their roller coaster romance gives us plenty to talk about at the water cooler when we should be selling paper. Ladies and gentlemen, Ryan Howard and Kelly Kapoor!

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Litigation Value: A plaintiff (and high school) class consisting of “Scott’s Tots,” each of whom could claim entitlement to four years of college tuition — less an offset for the value of a laptop battery. (Thanks, Mr. Scott.)

Greetings, faithful readers! You know the summer’s going fast and the nights are growing colder — at least in some parts of the continent — when this blog circles back on itself not once, but twice. While watching the most recent repeat of The Office, I seemed to recall writing about someone else within Ford & Harrison who had previously written about this episode. Or maybe I just read his or her prior post. Whatever the case, the fact that I can’t remember how many levels in we are (can you say “Inception”?) suggests that it’s high time for a new season!

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Additional (Hypothetical) Litigation Value: $225,000 to Michael Scott for workers’ compensation benefits and medical expenses.

Neck deep in an August hot enough to boil cement, and we’re dealt yet another repeat. In fact, I extensively covered this episode last October (see Acting Koi), and I’m unsure what else can be said of Michael Scott’s unrelenting tomfoolery. So, let’s modify the script …

Let’s assume that, instead of haphazardly falling into the koi pond, Jim Halpert — the quintessential prankster — had playfully nudged Michael into the drink. Let’s further assume that Jim’s horseplay caused Michael to hurt himself (I’m thinking a well-deserved cracked skull). Would Michael’s head injury be covered by workers’ compensation? Likely, yes. Would Michael be able to then sue Jim for causing his injury? Likely, no.

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Litigation Value: Nothing this week, at least not from an employment law perspective. But beware next year’s version of Recyclops. At the rate Dwight Schrute is going, he’s going to wreak some real havoc.

This week’s repeat episode has Michael Scott and His Merry Men (Andy, Dwight and Oscar) off to New York — in a stretch limo no less (no Town Car here) — to attend the Dunder Mifflin shareholders’ meeting. Michael’s presence is intended to allow management to trot out one of the few success stories at the beleaguered company, which finds itself on the brink of bankruptcy (as Michael promptly blabs over a hot mike).

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Alas, repeats. My able colleague, Jaclyn West, wrote about this week’s episode — The Chump — in her excellent post of May 14. But fear not. There is big news this week that demands its own post. NBC has confirmed that Steve Carell will leave The Office when his contract expires in 2011. Michael Scott’s seven-year reign as Scranton branch manager is coming to an end.

This blog has cause for concern. At least 80% of the potential liability we find in each episode is attributable directly to Michael Scott. Who can replace him? We need someone who can be combination leader/lawsuit-magnet. We need the next anti-Toby. Who’s ready to step up and be the new “World’s Best Boss” in Scranton? Consider the candidates:

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Well, it’s a little difficult to write about the perils of working in Scranton with Michael Scott as your boss when the entire office is attending a wedding, but here goes. After watching last night’s repeat episode of Jim’s and Pam’s wedding, I can’t say that getting married to a coworker is always a bad thing (I met my wife when I was clerking for a company after my second year of law school, and we will celebrate our 15th wedding anniversary next month, and as Chris Rock has joked, “If my dad hadn’t sexually harassed my mom, I wouldn’t be here”).

Nor is inviting your coworkers to a wedding an absolute no-no (my wife and I obviously did that, too, and no one got into too much trouble). That said, office romances and non-work functions often bring trouble. Many employers worry about liability for conduct that occurs between employees at non-work sponsored functions, and rightly so. Many times, sexual harassment cases draw on activities that occur away from the workplace, as do all types of discrimination cases. Workers let their hair down when they’re away from the office, and these social activities can provide fertile ground for discrimination claims.

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Litigation Value: Settling various claims related to Dwight’s bat hunting = $30,000; replacing shredded textbook = $100; convincing your coworker you’re a vampire = priceless.

Given that a colleague of mine has already thoroughly covered the employment law issues in last night’s repeat, let’s rewind to one of my favorite episodes from Season 3 — Business School. This episode takes us back to the Dunder Mifflin days before Ryan Howard went corporate (and then back to temp), before the entire gang danced down the aisle, and obviously before Pam nursed someone else’s baby. In this ”oldie but a goody,” Michael Scott (armed only with candy bars and a boom box) faces a room full of hostile college students while the rest of the gang battles one pint-sized vampire bat. Is it any surprise that the creator of “Buffy the Vampire Slayer” directed this episode?

The episode begins with Michael’s delight at being invited to be a “visiting professor” during one of Ryan’s business school classes. What Michael doesn’t know is that Ryan’s sole motivation for the invitation is extra credit. Things quickly deteriorate as Michael pelts students with candy, shreds a student’s textbook, discovers Ryan’s grim prediction for Dunder Mifflin’s future, and ends his speech with a dramatic “SUCK ON THAT!” Something tells me the student in question won’t be content with simply replacing his missing textbook pages with life lessons. Instead of extra credit, Ryan ends up with a new seat in the annex with celebrity-crazed Kelly Kapoor as punishment for declaring that the company will be obsolete in 5-10 years. As Julie discussed in her original analysis of this episode, Dunder Mifflin probably won’t face any liability for Michael’s antics because Ryan did not engage in any protected activity giving rise to a retaliation claim.

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Litigation Value: An education on management from the master (of disaster) … priceless.

The Office didn’t air in my little corner of the world last night, and I’m currently battling symptoms of withdrawal. So I decided to take a little walk down memory lane and relive some of my favorite lessons from Season 6. Remember, back in Season 2, when Michael gave Ryan the benefit of his many years of management experience through a series of cliches? What lessons would Michael share with us from this season?

Gossip: Michael divulges Stanley’s secret — he’s having an affair! — to the entire office. Feeling guilty, Michael makes up false rumors about everyone in the office, telling the office that Kelly has an eating disorder, Andy is homosexual, and Pam is pregnant. Turns out, Pam really is pregnant. Lesson learned: Talk is cheap … for Michael, anyway. Maybe not so much for Dunder Mifflin.

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Litigation Value: $0. Now that we’re into the summer season of recycled shows, we’ll assume that all stale claims are time-barred.

Plus ça change, plus c’est la même chose. Or so we thought. With a doubleheader of The Office repeats on last night’s schedule, this blogger was getting ready to post a rehash of two episodes from last season: The Banker and Sabre. (Before I forget, allow me to give obligatory yet sincere props to two of my colleagues, Brian Kurtz in Chicago and Chris Butler in Atlanta, for their prior write-ups on those shows.)

But news recently reached me, out here west of the Mississippi, that Steve Carell may be ending his run as our favorite show’s most (in)famous character, Michael Scott. That, in turn, has suggested that I write on a recurring and unavoidable topic: change.

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Additional Litigation Value:  $150,000 ($50,000 each for Stanley and Andy; $25,000 each for Kelly and Erin)

Tonight’s episode – Gossip – is a repeat from last season.  My law partner, Matt Rita, thoroughly covered Michael Scott’s shenanigans in the first run, astutely pointing out how Michael’s self-generated rumor mill could give rise to an invasion of privacy claim.  Let’s pile on another potential tort claim -– defamation.

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