Litigation value: $0

In the Prince Family Paper episode of The Office, the employees of Dunder Mifflin Scranton act inappropriately and potentially create liability for the company on two different fronts. But fortunately, as seems to be the case quite often this season, no one does anything to definitely create liability for the company. That doesn’t mean we approve of their conduct, though, as literally everyone in the office was in on the shenanigans.

First, let’s deal with Michael Scott and Dwight Schrute. Like in the 8th grade, Michael and Dwight’s spy mission to Prince Family Paper was inappropriate, awkward, and just felt wrong. However, as legitimate competitors, Dunder Mifflin is entitled to compete with Prince Family Paper, even if they’re slimy about it. And the customer list Michael and Dwight got from Mr. Prince could have been a trade secret –- if he hadn’t just given it to Michael so freely. So, at the end of the day, Michael’s and Dwight’s behavior might not have been ethical, but it was probably legal.

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Litigation value: $ 30,000

There is no question that Jim Halpert, acting manager at Dunder Mifflin Scranton while Michael Scott was away, did a terrible job of diffusing and/or preventing a fight on company property on “The Duel” episode of The Office. Fortunately, the fight between Dwight Schrute and Andy Bernard didn’t lead to any serious injury. Otherwise, we might be talking about more than $30,000 this week.

Both Dwight and Andy could make claims that the company should have intervened and stopped them from brawling. Realistically, neither of these dorks’ claims is going anywhere. No jury is giving Dwight’s big head and beet-stained teeth big money because Dunder Mifflin didn’t protect him from Andy’s 4 mph Prius attack. That said, companies can be held liable for fights between employees at work in some circumstances, so we’ll say $30,000 just to show that there’s something, although not much, to their claims.

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Litigation Value: $0.
The last time The Surplus episode of The Office aired, we talked about Dunder Mifflin’s good behavior (relatively speaking). In the spirit of award season –- specifically the Golden Globes, which are on this Sunday –- let’s give some awards to folks for their exemplary behavior during the episode.

Best Actor – Oscar, for compromising on his demand for a new copier for the larger goal of office harmony. And it doesn’t hurt that he was the only employee dressed like someone from Hollywood. Was that a lavender shirt and a khaki suit coat?

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Litigation value: $15,000

In our last review of The Office webisodes, we tune into the first websiode, “The Accountants.” In the episode, Oscar, Angela, and Kevin interview everyone in the office to track down $3,000 missing from the books. At times, the interviews become a bit inappropriate, like when the accountants get on Michael’s computer without his knowledge. While that has some litigation potential, what caught my attention in terms of liability for the company was when the accountants more or less accused Meredith of stealing the money.

As our Employment Law Post colleague John Phillips discussed way back in 2008, accusing an employee of theft is serious stuff. Defamation, intentional infliction of emotional distress, and some other claims may be appropriate under the right circumstances.

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