LITIGATION VALUE: $45,000

Creed’s actions in setting up Debbie Brown to be fired for his mistake were not, in and of themselves, illegal. And, if Dunder Mifflin acted in good faith when it fired Debbie, then it probably didn’t do anything illegal either. At least not on the facts in this episode.

Employees can be fired for good reason, bad reason, or no reason at all. Employers can even be mistaken about the facts that led them to fire someone, so long as they believed them to be true at the time. The reason for firing someone just can’t be an illegal (i.e., discriminatory) reason. While that is the legal rule, I wouldn’t recommend that managers go around firing people without a good reason. In today’s litigious climate, sometimes perfectly legal (albeit unfair) actions can, and often do, cost a whole bunch of money. After all, companies don’t sit on juries. Employees do. Plus, as we saw, the company could end up with disgruntled employees who leave them with a warehouse full of paper containing obscene watermarks involving cartoon characters engaged in unspeakable acts.

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LITIGATION VALUE: $150,000

I empathize with Michael. There is nothing worse than the sinking feeling in the pit of your stomach when you realize that you just accidentally forwarded that witty e-mail (which you worked on all morning) mocking your boss’s bad suits and strange habits to your boss, herself, rather than to your clever cohorts in accounting. Not only could such an error get you fired, but careless e-mails often cause even bigger problems. Indeed, e-mail is fast becoming the “smoking gun” of employment litigation and threatens to become even more so with the implementation of new e-discovery rules which require employers to retain and produce volumes of electronic information during the course of litigation. And, just a hint, even if you are able to “recall” the e-mail, most people have already read it. My advice is to think twice before sending any e-mail and, if you would not feel comfortable printing the same message on company letterhead, then don’t send it. Well, that and to ALWAYS, ALWAYS double check the recipient.

On a somewhat related note, the relationship between Michael and Jan will also have potential plaintiff’s lawyers seeing dollar signs. Sure, everything was great in Jamaica. But what happens after the tans fade (or after Jan learns that Michael sent a picture of her in a partially unfastened bikini to the entire packaging department) and they split up? While office relationships are never a good idea for anyone, they are potentially disastrous for supervisor and her subordinate. A few months from now, Michael could cry “sexual harassment” and claim that he felt pressured to sleep with her in order to advance his career, and Dundler Mifflin is looking at pricey problem. Plus, Jan has lost credibility with the employees who report to her and will lose the respect of her supervisors once they find out. Of course, these comments could also apply to Dwight and Angela, Ryan and Kelly, and to Jim and Karen. I don’t know about you, but my office does not have nearly this much juicy gossip. Maybe if it did, yesterday would have gone by a lot faster.

Litigation Value: $40,000

Duty calls and Julie is not able to blog this week due to work. I’m a fellow labor and employment attorney with Ford & Harrison and also a fan of the show. This week’s episode certainly did not disappoint.

The episode starts with the Dunder Mifflin employees gathered around for a “safety meeting” that is intended to teach the “office workers” about safety. (Can’t you just feel the lawsuit coming?) Darryl, the meeting leader, is on crutches. Why? Michael kicked a ladder out from underneath Darryl while he was reaching for a supply box on a top shelf. Not a good idea. If Michael was acting in the scope of his employment when he kicked out the ladder, Dunder Mifflin could certainly be on the hook for all of Darryl’s medical expenses, which could cost upwards of $40,000. Given Michael’s speckled past as a less than stellar manager, Dunder Mifflin might also be exposed to possible claims of negligent hiring and negligent retention of Michael. read more…

Litigation Value: $350,000

Phew – finally a new episode! While any episode of The Office is a good one, it’s nice to have new material to discuss. As always, the gang at Dunder Mifflin did not disappoint with this week’s super-sized episode.

Employers who fail to fire employees who tape pepper spray canisters, nunchucks, and throwing stars to the bottom of their desks are playing with fire. Expensive fire. Sure, Roy started it, and I’m glad Dunder Mifflin fired him. But what about Dwight? After all, the man kept weapons at work for God knows how long. And if Roy can prove that Dunder Mifflin knew about them and failed to take action, then he just might have a claim for damages (e.g., eye doctor appointments, pain and suffering, etc.). Maybe Toby should go ahead and start to prepare for this deposition too while he is at it.

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