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Well, the strike of the writers’ union continues.  I don’t do that much traditional labor work so I’ve asked my colleague, Jerry Coker, to help me out as he is the firm guru on all things traditional labor.  He is also a huge fan of the show.  Here is what Jerry had to say:

Nothing too funny about a strike.  Not to the writers, their families (strikers don’t get paychecks), and not for the fans of Dundler Mifflin, a fictional paper company in Scranton, Pennsylvania.   And certainly not to those employers who are trying to cope with one.  Federal law – the National Labor Relations Act – gives employees the right to strike in order to try and pressure their employer into agreeing with their union’s demands.  But what a lot of people don’t know is that companies have legal rights too (perish the thought!).  Seriously, an employer can hire replacement workers and – get this – can hire permanent replacements for economic strikers.  Sometimes the difference between a successful strike and one that’s a bust is whether the employer is in a position to actually hire replacements.  And – no surprise here – the more skilled the workers, the harder they can be to replace.  Like, for instance, talented Hollywood screenwriters……

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Looks like the folks at Dunder Mifflin will still be teaching us valuable lessons — even when they don’t know it.  Check back on Friday morning for some valuable tips on labor relations brought to us courtesy of the screen writers guild!

LITIGATION VALUE: $200,000 (including Dunder Mifflin’s attorneys fees and deposition costs)

Well, it finally happened. An employee has sued Dunder Mifflin for wrongful termination. I’m not usually one to say “I told you so” but, somehow, I just can’t stop myself this morning.

While it is probably not illegal to fire someone for getting a boob job, it is certainly illegal to fire someone based on gender stereotypes or characteristics. Unfortunately for Dunder Mifflin, it seems like this may be where Jan is headed. And that just can’t be welcome news for David Wallace and the gang.

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Litigation Value: $150.00 (for the birthday cakes)

As they always say, you can’t please all of the people all of the time. Nowhere is this more true than at office parties, birthday or otherwise. Lucky for Dunder Mifflin, the biggest party-related issue in last night’s episode was birthday cake. But sometimes employers just aren’t that lucky. Take, for instance, the annual holiday party. It is just amazing what can happen after folks get a few drinks in them. And, in many cases, employers are on the hook for the aftermath.

In many states, employers who serve alcohol at parties can be liable for the acts of their drunken employees. And that’s where it starts to get really expensive. Not to mention that free flowing booze can result in complaints of sexual harassment. After all, who hasn’t been to an office party where some outrageously drunk co-worker turns into the office-Casanova? I’m not saying employers necessarily need to turn into office party Scrooges; they just need to keep an eye on things. Sure, some folks will gripe about the limited drink tickets or the “no alcohol” policy but, as I said, you just can’t please all of the people all of the time.

LITIGATION VALUE: $400,000 (that classified ad just isn’t going to look good to a jury)

While I didn’t expect it to come from the Utica branch, it looks like the “the war for talent” that so many commentators have been writing about has finally hit Dunder Mifflin. Unfortunately for Michael Scott, the war simply can’t be won in a PT Cruiser. Nor can it be won by sabotaging a Xerox machine. Rather, the war for talent is won with innovative recruiting and retention practices, fair and respectful management, and strategic planning. Regrettably, these just aren’t Michael’s strong suit. After all, this is the same manager who openly ridicules his employees; who relies on racial stereotypes when making employment decisions; and who asks his employees for loans.

Luckily, this time Stanley was bluffing. But next time Dunder Mifflin might not be so lucky. And when they do finally lose the battle, the want ad for a replacement really shouldn’t say “Wanted. Middle-aged black man with sass. Big butt. Bigger heart.” But we all knew that already, didn’t we?