Litigation Value: $1,500.00 (or a few hours of their attorney’s time to prepare an internet usage policy)

It’s nice to be back! Thanks again to my guest blogger, Troy Foster, for pitching in while I had to work.

Did anyone else notice how many Dunder Mifflin employees were using their computers for anything but work? Creed was playing computer solitaire; Jim and Dwight were playing Internet reality games; and I’m sure that others were surfing all kinds of marginally inappropriate (and certainly not business-related) websites. In addition to the productivity lost to online bill paying, sports web sites and the Wall Street Journal online, unmonitored internet activity could expose Dunder Mifflin to a cornucopia of legal problems. For example, harassment claims brought after employees download crude jokes and forward them to co-workers; download porn; or use offensive images as screensavers. Unmonitored and unrestricted internet usage could also result in the disclosure of sensitive information. And now, as they roll out the new “Dunder Mifflin Infinity” technology, would be the perfect time to take preventative action.

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Loss in productivity: $70,000 – $100,000/year Discount off of Dietco Supplement: $20/month

Two-night stay at Schrute Farms: Priceless

Once again, Julie is working extra hard this week for one of our clients and has asked me to fill in for her here on the blog. I’m Troy Foster a fellow labor and employment attorney with Ford & Harrison and an avid fan of the show. This week’s episode was classic Dunder Mifflin, I hope you enjoy the post.

Schrute Farms? Dietco Co.? Scranton C2? Now, while our friends at Dunder Mifflin aren’t known for their hard work and dedication, virtually nothing is getting done in the office now. How can it? There’s too much other stuff to do. Our top performer, Dwight, is too busy taking reservations for the farm (today’s frightening and real version of the Bates Motel). After he fills up the guest book, Dwight is busy all weekend long – table building, farming, and even tucking Jim and Pam in with a quick read from Harry Potter – the fun never stops. After chasing Mose around all weekend, it’s no wonder that he is wiped out for work on Monday morning. Michael is also yawning after his long hours at Dietco Co. The miracle diet formula is no miracle for Michael (though it might have been for his employees if he saw a little of himself in his obnoxious boss, Nick). He is so tired that he’s even more distracted than normal, if that is possible. He is unable to even remember Ryan’s presentation – not to mention the company policy that prohibits him from having a second job. In addition to his own desire to do nothing at work, he is affecting others – begging Kevin for gambling tips, and asking Oscar for another cash advance and financial advice.

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LITIGATION VALUE: $450,000 (could be more if several employees file claims)

As Julie has been called upon to practice law this week, she asked me to blog in her place. I’m Troy Foster, a fellow labor and employment attorney with Ford & Harrison and also a big fan of the show. Thankfully this week’s episode gave me plenty of material.

Mama Mia! Andy’s not only “taking a chance” on Angela, but also with Dunder Mifflin’s pocket book. Things are ripe for a sexual harassment claim that will be difficult to defend. Angela is probably in the driver’s seat with this one. In addition to Andy’s serenade, his asking her out for dinner “and maybe more,” touching her back, and commenting to others about her attractiveness are making this an uphill battle for Dunder Mifflin. Add to that Dwight’s constant badgering her to get back together, and her rejection after rejection of his advances, and we’ve got a real problem. And, that’s only what happened in one day. (Don’t forget that Jim’s claim could be next if Meredith keeps lifting her dress up and whispering sweet nothings.)

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Litigation Value: $600,000 (eventually)

One day soon, when all is said and done, Ryan’s comments are going to cost Dunder Mifflin about $600,000. Maybe more. Managers really should know better than to tell employees that the company is launching a new technology initiative for a “younger” and “more agile” company. They really should know better than to say it twice. Add to that Dunder Mifflin’s history of attempting to “squeeze” out older branch managers with a mandatory retirement age and the routine mocking of the human resources department, and you’re looking at an age discrimination case that has very little hope of getting thrown out before trial (and a half-decent chance of losing once you get there). Just not yet. After all, Dunder Mifflin didn’t take any adverse actions against anyone this week. But give it time, I’m sure they will give someone every reason to challenge them.

I’m not sure who the $600,000 will go to yet, but if I had to guess the lucky recipient, then my money would be on Creed. Especially if Dunder Mifflin finally learned about the “Debbie Brown” cover-up (where Creed attempted to hide his failure to stop the distribution of paper containing watermarks with cartoon ducks engaged in lewd conduct by blaming it on an innocent employee) and fired him. We all know that Creed will do anything for a few extra bucks. This may just be his lucky day.