Beach Games

May 11, 2007 - by: Julie Elgar 3 COMMENTS

LITIGATION VALUE: $300,000+

Holding a Survivor-like contest to determine who will be recommended for a promotion to regional manager is not going to end well for Dunder Mifflin. At all. If the decision is challenged (which it almost certainly will be) then the company is going to be asked to articulate a legitimate nondiscriminatory reason for the selection. And I don’t think that an individual’s inability to eat an obscene amount of hot dogs, their prowess in inflatable sumo wrestling suits, or their willingness/unwillingness to walk through burning coals is going to be a very persuasive explanation. It becomes even less persuasive when considered in light of Michael’s generally egregious conduct. Like, for example, admitting that you are considering Stanley only because of his race and being wholly dismissive of promoting women.

Borrowing a line from the Kenny Rogers song that the employees sang on the bus, companies “should know when to walk away and know when to run” from managers who do not base employment decisions on business-related criteria. When a manager has openly mocked the company’s diversity program, sabotaged its sexual harassment training, and routinely stereotyped employees based on protected categories, the time has come for Dunder Mifflin to run away. As fast as it can.

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3 COMMENTS

1 torn8o
08:51:33, 11/05/07

How about damages for poor Andy, left in the lake all day? Everyone noticed he was gone but no one did anything about it. He could still be there for all we know. I’d say Dunder Mifflin should definitely be liable for something there!

2 ACU Frank
10:36:57, 15/05/07

I hope Andy’s still out there.

Even Michael has SOME redeeming qualities.

And what about poor Toby? Oh, wait a minute… maybe if everyone here left me by myself for a day, I might get caught up!

3 oakye
17:46:49, 18/05/07

What about Jim telling Michael that he was also interviewing for the position? Michael could’ve “blocked” the transfer request (and/or accused Corporate of poaching one of his most valuable employees). Are there any legal avenues for Jim there? If Jim disclosed that he was interviewing -outside- the compay and got fired because of that, could he take any legal action? (I’m guessing “no” on both counts. The “at will employment” thing seems to ring a bell for the latter example, though that is just rumor.)

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